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GENERAL CHARTER LAW 

OF wiscois:si]sr 



9^7 



Organization and Government of Cities 
Under General Law 



Chapter 40a of the Statutes as amended by the laws of 
1899, 1901, 1903, 1905, 1907 and 1909. 



COMPILED UXDEK DIRECTIOX OF 

J. A. FREAR 

Secretary of State 




MADISON, WIS. 

Democrat Peixtixg Co., State Pbixtee 

1910 



General Charter Law 



Chapter 1. — Division into Classes. 

925 — 1. 

Four classes. Section 925 — 1. For the exercise of the cor- 
porate powers herein mentioned the cities of this state now ex- 
isting or that may be created under the provisions of this chap- 
ter shaH be divided into classes as follows : Cities containing 
a population of one hundred and fifty thousand or over shall 
constitute the first class; cities containing a population of forty 
thousand or over and under one hundred and fifty thousand, 
the second class; cities containing ten thousand or over and 
under forty thousand, the third class; cities containing less than 
ten thousand, the fourth class. The population, as affecting 
the class to which any city shall belong, shall be determined by 
the last national or state census, unless a census is taken under 
the direction of the trustees of a village seeking to be incorpor- 
ated as a city under the provisions of this chapter, or under the 
direction of the board of a town which contains an unincorpor- 
ated village which, alone or in connection with adjacent terri- 
tory, seeks to become so incorporated, or of the common coun- 
cil of any city now incorporated seeking to adopt such pro- 
visions for its government. Any city incorporated hereunder 
shall pass from one class to another when it has sufficient pop- 
ulation and its common council shall by ordinance or resolu- 
tion make publication thereof and make proper provisions for 
such change in the city government. Cities under special 
charters shall be divided into like classes, determined in the 
same manner. 

925 — la. 

Apportionment of joint debts with town. Section 925 — 
la. Whenever the common council of any city incorporated un- 
der a special charter shall adojjt this chapter for its government 



4 GENERAL CHARTER LAW OF WISCONSIN. 

and a patent shall be issued thereto as hereinafter provided, 
and such city shall have been previously jointly indebted with 
the town in which it was situated, its liability for its proportion- 
ate share of such indebtedness shall continue as if such incor- 
poration under this chapter had not been made. The liability 
of such city for such share of its indebtedness may be adjusted 
by the method herein prescribed, viz. : the common council 
may, by an ordinance or resolution, elect to have the share 
of the indebtedness of the city ascertained; notice of the pass- 
age of such ordinance or resolution shall be ^ven by the mayor 
to the chairman of the board of the town jointly indebted 
with such city, and if commissioners of such indebtedness have 
been created such notice shall also be given them; said town 
board, commissioners, if any, and common council shall meet 
at a time and place to be designated in such notice and pro- 
ceed to apportion the amount of such indebtedness which said 
city and town shall bear. Such apportionment shall be based 
upon the equalized value of the taxable property in the city 
and town accrrding to the last equalization thereof made by 
the county board. A certificate of such apportionment shall 
be executed by the mayor and the chairman of the town board 
and filed in the office of the county clerk, and be the basis 
upon which taxes to pay such indebtedness shall thereafter be 
levied. Duplicates of such certificates shall be filed with the 
city and town clerk for that purpose. Thereafter such city and 
town shall each be liable for the portion of such indebtedness 
so fixed and shall provide for the payment thereof according to 
the terms of the instrimient evidencing it, or otherwise accord- 
ing to the nature of the obligation. In like manner such town 
and city may divide property owned by them jointly, but until 
a division is made such property may be jointly held and usecL 



Chapter 11. — Adoption of this Chapter by Existing Cities. 

925 — 2. 

Application of act. Section 925 — 2. No city now incorpor- 
ated shall be affected by the provisions of this chapter unless 
such city has adopted or shall adopt the same or some part 
thereof Pr its government in the manner hereinafter provided. 

925—3. 

Effect of adoption. Section 925 — 3. When the common 
council of any city now incorporated, by a three-fourths vote 



GENERAL CHARTER LAW OF WISCONSIN. 5 

of all the members thereof, shall have adopted this chapter for 
its government and a patent shall have been issued as herein- 
after provided, such city shall cease to exist as a corporation 
under its charter and the laws creating such corporation or 
adopted for its government, and shall constitute a municipal 
corporation under this chapter and be governed by its pro- 
visirms. 

92 5 — 3m. (Ch. 230, 1907.) 

Cities: change from special to general charter — initia- 
tive. Section 925 — 3m. AVhenever a petition, signed by not 
less than ten per cent, of the electors of any cit}^ operating 
under a special charter, shall be -presented to the common coun- 
cil of such city, asking that the question of the adoption by such 
city of chapter 40a, statutes of 1898 and the amendments 
thereto, cr sunie part thereof, he submitted to a vote of the elec- 
tors of such city, the common council of such city, at its next 
regular meeting after the filing of such petition with the clerk 
of such city, shall provide, by resolution, that the question of 
the adoption of said chapter 40a and the amendments thereto, 
or some part thereof, be submitted to a vote of the electors of 
such city, and shall determ:ne a day not less than thirty nor 
more than sixty days after the passage of. such resolution upon 
which day such election shall be held. 

925 — 3n. (Ch. 230, 1907.) 

Adoption: election; notices; publication; ballot. Section 
925 — 3n. Notice of election on the proposition of adopting 
chapter 40a. statutes of 1898 and the amendments thereto, or 
some part thereof, shall be given by publication of a copy of 
such resolution in some newspaper published within such city, 
once each v eek for four successive weeks, immediately preced- 
ing the day of holding such election. Such election shall be con- 
ducted in the general manner in which elections for city offi- 
cers are condncted and canvassed in such city; and the form of 
the ballot shall be " for the adoption of chapter 40a" and 
"against the adoption of chapter 40a." "When said petition 
shall be frr only part of chapter 40a, the ballot shall con- 
tain ''for the adoption (naming part) " and ''against the adop- 
tion (naming part)." 

925 — 3o. (Ch. 230, 1907; in effect June 20, 1907.) 

Patent. Section 925 — 3o. If the majority of the votes 
cast at such election are in favor of the adoption of chapter 40a 



6 GENEEAL CHARTER LAW OF WISCONSIN. 

or some part thereof, the city clerk shall certify that fact to the 
secretary of state and thereupon a patent shall be issued as pro- 
vided in section 925 — 5, the last state or United States census 
being taken as the basis upon which to determine the classifica- 
tion of such city. 

925 — 4. 

Ordinance; publication; final action; census. Section 
925 — 4. Whenever an ordinance is offered for the purpose of 
adopting this chapter in place of an existing charter such ordi- 
nance shall lie over at least thirty days before final action shall 
be taken thereon, in the meantime it shall be published at least 
once in the official paper of the city, if there be one, otherwise 
in S'cme newspaper to be designated by the council, together with 
a notice of the time when said proposed ordinance will be con- 
sidered. Such ordinance shall provide for a census to be 
taken, unless it is proposed to have the city classified accord- 
ing to the last census taken under the laws of the United 
States or of this state. Such census shall be taken as nearly 
as practicable as provided by law for taking the census in 
case of the incorporation of villages. Final action on such or- 
dinance shall not be taken except at a regular meeting of the 
council ; and in case such ordinance is defeated it shall not be 
lawful for said council to consider an ordinance for the same 
purpose for the space of one year thereafter. 

926a. (Ch. 165, 1899.) 

Action to determine validity of proceedings. Section 
1, ch. 165, laws of 1899. In any case, whether occurring here- 
tofore or hereafter, where the common council of any city in- 
corporate by special act shall have undertaken and assumed to 
adopt in whole or in part the provisions of the general eity 
charter law of this state, and .such city and its officers shall 
have assumed thereafter in good faith to act under, and to ex- 
ercise the powers conferred by, the provisions of law so as- 
sumed to be adopted, any question of the validity of such as- 
sumed adoption and of the ordinance and proceedings therefor 
may be tested by certiorari or by any other proper action or 
proceedings brought directly for the purpose of vacating or set- 
ting aside the same at any time within three months after such 
assumed adoption, but not thereafter; provided, that, as to all 
such cases occurring prior to the taking effect of this act, such 
direct action or proceeding may be commenced within "three 
months after the passage and publication of this act, but not 



, GENERAL CHARTER LAW OF WISCONSIN. 7 

thereafter. No such assumed adoption nor any ordinance or 
proceeding for such adoption of the whole or any part of such 
general city charter law shall be in any manner called in ques- 
tion or held to be invalid in any action or proceeding except 
on© brought directly for that purpose within the time herein- 
before limited therefor, unless the same shall have been duly 
vacated or set aside by a court of competent jurisdiction. The 
provisions of this act shall in no manner affect pending actions. 

925 — 5. 

Governor to issue patent. Section 925 — 5. If said ordi- 
nance be adopted the result shall be certified under the cor- 
porate seal of the city to the secretary of state, together with 
a copy of all the proceedings relating thereto and the result of 
the census taken for the purpose of determining the classifica- 
tion of said city ; thereupon the governor shall issue letters 
patent under the great seal, reciting the facts, defining the 
boundaries of the city and constituting the same a body cor- 
porate and politic by the name of the city of (specifying 

the name of such city) and declaring that the same shall be 
governed by the provisions of this chapter applicable to the 

cities of the class (specifying the class) ; provided, that 

nothing herein contained shall be construed to prevent any city 
now^ incorporated and existing from adopting the provisions of 
this chapter regardless of its present population. 

925 — 6. (Ch. 101, 1907.) 

Officers to continue after. Section 925 — ^6. Whenever 
this chapter shall be adopted by a city now incorporated the 
officers of such city shall continue in office with all the powers 
herein conferred until the expiration of the term for which 
they icere respectively elected, and until the first Tuesday of 
May following such expiration, and until their successors are 
qualified. 



Chapter III. — Incorporation of Cities Under These Pro- 
visions. 

925 — 7. 

Population required. Section 925 — 7. Any district con- 
taining a population of fifteen hundred or over and not here- 
tofore incorporated as a city may become incorporated under 
this chapter in the manner hereinafter specified. 



8 GENERAL CHARTER LAAV OF A¥ISCONSIN. 

925 — 8. 

Petition by electors of village. Section 925 — 8. One 
hundred or more electors and taxpayers of any village, incorpor- 
ated or unincorporated, may apply by petition to the trustees 
of such village or to the proper town board to have the ques- 
tion of incorporating said village, or the same and adjacent 
territory, containing together a population of not less than fif- 
teen hundred, as a city, submitted to a vote of the electors of 
the territory described in such petition; provided, that in case 
it is proposed to include territory adjacent to such village the 
consent in writing of a majority of the electors residing there- 
in, and the owners of at least one-third of the taxable property 
in such territory according to the last assessment roll, shall be 
presented with said petition. 

925—9. 

How question submitted. Section 925 — 9. At any regu- 
lar meeting after the filing of said petition the trustees of such 
village or the board of such town may, by resolution, provide 
that the question of incorporating as a city in accordance Avith 
such petition be submitted to a vote of the electors residing 
within the limits of said proposed city. Such resolution shall 
determine the number and boundaries of wards into which the 
city shall be divided, fix the time of voting on the proposition 
for incorporation, which shall not be earlier than six weeks 
from the adoption of such resolution, and where the electors 
residing outside the limits of said village shall vote, and shall 
also. provide for a census unless it is proposed to have the city 
classified according to the last census taken under the laws of 
the United States or of this state. Said census, if ordered, 
shall be taken as provided by law for taking the census in case 
of the incorporation of Adllages. 

925—10. 

Notice of election. Section 925 — 10. Notice of the election 
on the proposition for incorporation shall be given by publica- 
tion of a copy of such resolution in some newspaper published 
in said village, if there be one, otherwise in some newspaper 
designated in the resolution, once each week for four successive 
weeks immediately preceding the date for holding such elec- 
tion. 

925 — 11. 

Conduct of election. Section 925 — 11. The election shall 
"be conducted in the same manner as elections for village 



GENERAL CHARTER LAW OF AA^ISCONSIN. 9 

trustees, aud the form of the ballot shall be "for a city char- 
ter" or ''against a city charter." 

925 — 12. 

Returns; patent. Section 925 — 12. The result of the elec- 
tion as canvassed b}^ the inspectors shall be returned to the 
clerk of such village, if it be incorporated, otherwise to the 
clerk of such town. If a majority of the votes are cast in 
favor of the city charter said clerk shall certify the fact to the 
secretary of state, together with the result of the census taken, 
if any, and thereupon a patent shall be issued as provided in^ 
section 925 — 5. which shall specify the number and boundaries 
of the wards of such city. 

925 — 13. 

Powers; patent as evidence. Section 925 — 13. Any 
patent issued under the provisions of this chapter shall be re- 
corded in the ( ffice of the secretary of state in a book kept for 
that pur^Dose. Thereupon the city mentioned in such patent 
shall be a body corporate and. politic, with perpetual succession, 
possessing the powers and privileges of a municipal corporation 
at common Jaw, and the general powers conferred by these stat- 
utes, so far as consistent with the provisions of this chapter, in 
addition to those conferred by this chapter, and shall have au- 
thority to contract and be contracted with, sue and be sued, 
plead and be imjjleaded. purchase or otherwise acquire real 
and personal property and dispone of the same as the welfare 
and conveni'^nce of its inhabitants may rec[uire ; and shall have 
a comiiion seal and may alter the same at pleasure. Any pat- 
ent so issued and recorded, the record thereof or a certified 
copy of such rf ^rd shall l)e conclusive evidence in all courts 
and places of t lue incorporation of the cit}^ mentioned and 
of all the facts 1 >in recited. 

925 — 14. (Ch. 36. 1901.) 

Ward boundaries, how changed. Section 925 — 14, as 
amended by ch. 36, laws of 1901. The number and boundaries 
of the wards of any city organized under the provisions of this 
chapter may be changed by ordinance adopted by a vote of at 
least three-fourths of all the members of the common council, 
provided, said ordinance must be introduced at a regular 
meeting of the council in iMay and before final action is taken 
thereon shall be published in the official paper of the city, if any, 
otherwise in a newspaper designated by such ordinance, once 



10 GENERAL CHARTEE LAAV OF WISCONSIN. 

in each week for four successive weeks, and when the bound- 
aries of any w^ards are fixed by any ordinance the number of 
wards and boundaries thereof or of any of said wards shall not 
be again changed for a period of two years except by adding 
tl^ereto such territory as may at any time be added to the city 
limits; provided further, that the territory of the wards shall 
be contiguous and compact and that no ward having a popula- 
tion of less than eight thousand shall be created in cities of the 
first class, or less than fifteen hundred in cities of the second 
class, or less than one thousand in cities of the third class, or 
less than five hundred in cities of the fourth class. And pro- 
vided further, that the common council of all cities af the first 
class may, by a two-thirds vote of all its members, on or before 
the first day of December, or as soon thereafter as is practi^ 
cable after each state or United States census is taken and the 
result thereof as to its population is made known, redistrict, 
readjust and change the boundaries of wards so that they shall 
be as nearly equal in population as may be, and to that end 
such council may create new w^ards and consolidate old ones, 
but no ward shall be created having a population less than 
eight thousand nor exceeding twenty thousand. In redistrict- 
ing such cities the original numbers of the wards and their 
geographical outlines shall as far as possible be retained and 
the wards so created and those the boundaries of which are 
changed shall be in as compact form as practicable. When- 
ever the number of wards in any such city of the first class 
shall be changed in the manner aforesaid, and a new ward or 
wards created, such ward or wards shall have the same number 
of aldermen, supervisors, and ward officers as other wards in 
such city, and shall be in all respects subject to the provisions 
of the charter of such city. Any alderman or ward officer 
holding office and who resided in any such territory at the time 
it shall be declared a ward, shall continue in such office for 
the term for which he was elected and until his successor is 
elected and qualified, and shall be an officer of the ward so cre- 
ated. The inspectors of election and ballot clerks appointed 
for any such district shall continue to act in their several 
capacities w^hen such district is constituted a ward, until re- 
moved or their successors are appointed. In all other cases 
where a new ward is so created or old wards consolidated, and 
the creation or consolidation shall cause vacancies in the offices 
to which any ward, by reason of the formation, is entitled the 
common council shall forthwith order in the manner provided 
by the charter of such city, a special election to fill all such 



GENERAL CHARTER LAAY OF WISCONSIN. 11 

vacancies as are by the charter of such city elective, provided 
that if any such ward is created within thirty days before any 
general or municipal election, such vacancies shall be filled 
thereat. All other vacancies shall be filled in the manner pro- 
vided by the charter of such city. The common council shall 
in ordering such election, fix the term for which the officers 
shall be elected. 

925 — 14. (Ch. 123, 1905.) 

Same. Chapter 123, laws of 1905. Section 1. Section 
^25 — 11, of the statutes of 1898, as amended by ehapter 36 of 
the laws of 1901, is hereby amended as to cities of the second, 
third and fourth classes so that the same shall read as follows : 
Section 925 — 11. An ordinance fixing the number and bound- 
aries of the wards of any city of the second, third or fourth class 
organized under the provisions of chapter 10a of the statutes of 
1898 as amended, may be introduced at any regular meeting of 
the common eouncil. The question of the adoption of such 
ordinance shall by a majority vote of the members of the com- 
mon council elect, be submitted to the electors of such city at 
the next regular municipal election. The city clerk shall pub- 
lish a notice that said ordinance shall be so submitted at the 
same time and in the same manner that notice of said municipal 
election shall be published, and such notice shall set forth the 
proposed ordinance at length. He shall also prepare ballots to 
be used by the electors in voting on said proposed ordinance, 
which shall intelligently express the voter's intention and which 
shall be substantially in the following forms : 

For adoption of ward ordinance. 

Against adoption of ward ordinance. 

If a majority of the votes cast are in favor of the adoption of 
such proposed ordinance the common council shall forthwith 
thereafter at a regular meeting take action on such proposed 
ordinance and may by at least a majority vote of those present 
adopt the same; and when the boundaries of any wards are 
fixed by any ordinance the number of wards and boundaries 
thereof, or of any of said wards shall not be again changed for 
a period of two years except by adding thereto such territory 
as may at any time be added to the city limits; provided fur- 
ther, that the territory of the wards shall be contiguous and 
compact and that no ward have a population of less than fif- 
teen hundred in cities of the second class, or less than one thou- 
sand in cities of the third class, or less than five hundred in 
cities of the fourth class. In redistricting such cities the orig- 



12 GENERAL CHARTER LAW OF WISCONSIN. 

inal numbers of the wards and their geographical outlines shall 
as far as practicable be retained and the Awards so created and 
those the bcnndaries of which are changed shall be in as com- 
pact form as practicable. Whenever the number of wards in 
any such city shall be changed in the manner aforesaid, and a 
new ward or wards created, such ward or wards shall have 
the same number of aldermen, supervisors and ward officers as 
other wards in siich city, and shall be in all respects subject to 
the provisions of the charter of such city. Any alderman or 
ward officer holding office and who shall reside in any sucE 
territory at the time it shall be declared a ward, shall continue 
in such office for the term for which he was elected and until 
his successor is elected and qualified, and shall be an officer of 
the ward so created. The inspectors of election and ballot 
clerks appointed for any such district shall continue to act in 
their several capacities when such district is constituted a ward, 
until removed or their successors are appointed. In all other 
cases where a new ward is so created or old wards consolidated, 
and the creation or consolidation shall cause vacancies in the 
offices to which any ward, by reason of the formation, is en- 
titled, the common council shall forthwith order in the manner 
provided by the charter of such city, a special election to fill 
all such vacancies as are by the charter of . such city elective. 
All other vacancies shall be filled in the manner provided by 
the charter of such city. The common council shall in order- 
ing such election fix the term for which the officer shall be 
elected. 

Section 2. Said section 925 — 14. as amended by said chapter 
36 shall continue in full force in its present form as to cities 
of the first class, but as to cities of the second, third and fourth 
class is hereby repealed so far as it conflicts herewith. 

925 — 15. 

Village officers to hold. Section 925 — 15. Such city shall 
be deemed fully incorporated from and after the issue of the 
patent av. aforesaid, but the village or town board and all other 
officers of such village or town embracing the territory incor- 
porated within the limits of said city shall continue to exercise 
the powers and perform the duties of such officers as defined 
by the general statutes relating to villages or towns until the 
liret meeting of the common council at which a quorum is 
present. Until a city clerk shall have been ch'isen and (|uali- 
fied all oaths of office and other papers shall be filed with the 
Anllage or town clerk. When the city clerk shall have qualified 



GENERAL CHARTER LAW OF WLSCOXSIX. 13 

.such village or town clerk shall deliver to liim all proper rec- 
ords, papers and files in his office belonging to the city clerk, 
who shall thereupon become the legal custodian of the same. 

92 5 — 16. 

City election. Section 925 — 16. Within ten days after the 
incorpcrat-on of an}- city under this chapter the village board 
or the town board shall fix a time for the first municipal elec- 
tion, designate the place or places where the same shall be 
ield and appoint three inspectors of election for each polling 
place. The polls of such election shall be opened at six o'clock 
A. ]^L and closed at six o'clock P. M. ; ten days' previous no- 
tice of the time and place of election and of the officers to be 
^elected shall be given by the proper village or tow^n clerk by 
publication in some newspaper in the county, if there be one, 
and by posting written or printed notices in three public places 
in said city. In all other respects such election shall be con- 
ducted as is prescribed by chapter 5. except that no registra- 
tion of voters shall be required; but the failure to give^such 
notice shall in no way invalidate said election. At the close of 
such election the inspectcrs shall count the ballots and make 
returns thereof, stating therein the number of votes for each 
■office, and deliver such returns to the village or town clerk, 
who shall lay the same before the village or town board. Such 
board shall meet within one Aveek after such election, canvass 
said returnr, and declare the result; the village or town clerk 
-shall notify the persons elected to the respective ot'lices and 
issue the proper certificates of election. All officers chosen at 
such, election .or appointed by the mayor-elect, except justices 
•of the peace and aldermen, shall hold for a term ending on 
the third Tuesday of April next following and until their suc- 
cessors are elected and ciualifiecl ; provided, that in case the first 
Tuesday of April shall be fixed as the time of the first election 
the term of office of the several officers chosen shall commence 
on the third Tuesday of April succeeding and continue as other- 
-wise prrvvided in this chapter. 



Chapter IV. — Annexation and Detachment of Territory. 

925 — 17. 

What cities. Section 925 — 17. Territory lying adjacent t5 
a.ny city organized under the provisions of this chapter or ad- 
jacent to any city organized under a special charter which, by 



14 GENERAL CHARTER LAW OF WISCOXSLX. 

ordinance, has declared such city to be of a certain class ac- 
cording to the provisions of section 925 — 1, and has adopted, 
in the manner provided by section 925—4, sections 925 — 17 la* 
925 — 21, inclusive, may be annexed to such city in the manner 
hereinafter set forth. 

925 — 18. (Ch. 124, 1907.) 

Annexation: petition, signers; rejection. Section 925 — 
18. A majority of the electors and the owners of at least 
one-third of the taxable property according to the last tax 
roll in territory adjacent to such city may together present 
a petition to the commcn council of such city, asking for an- 
nexation thereto; provided, that if no electors reside therein 
such petition must be signed by the owners of at least one- 
half of the taxable prcperty desired to be annexed before- 
the council shall have power to act thereon; provided further,, 
that the council may, upon the petition of one-half of the resident 
electors and of the owners of one-half of the real estate within: 
the limits of the territory, proposed to be annexed, pass an ordi- 
nance annexing such proposed territory when the proposition 
to annex has been submitted to a vote of the electors of the dis- 
trict to be annexed and a majority of the resident electors^ 
have voted in favor thereof. "Whenever a proposition to annex, 
territory has been submitted to a vote and rejected, the same or- 
substantially the same proposition shall not be again submitted^ 
within two years thereafter. 

925 — 19. 

Ordinance, action on. Section 925 — 19. At any regular 
meeting of the common council after the filing of said petition 
with the city clerk an ordinance may be introduced providing- 
for the annexation of such adjacent territory. Final action on 
said ordinance shall not be taken except at a regular meeting- 
of the council and not earlier than thirty days after the same 
is introduced ; and in the meantime the same shall be published 
at least once in each week for four successive weeks in some 
newspaper printed and published in said city, if there be oue^. 
otherwise in some newspaper to be designated by the council. 

925 — 20. 

Vote ; adjustment of debts and property. Section 925 — 
20, A vote of three-fourths of all the members of said council 
in favor of said ordinance, taken by ayes and noes and recorded,, 
shall be necessary to its adoption. Any controversy that may 



, GEXEEAL CHARTER LAW OF WISCONSIN. 15 

arise between the city and the town or towns "from w^hich such 
territory is detached in respect to the division of property or 
the adjustment of existing indebtedness shall be determined by 
the circuit court in a proper proceeding brought for that pur- 
pose, or the adjustment of such indebtedness may be made as 
piovided in section 925 — la. 

925 — 21. 

Ordinance; collateral attack; limitation. Section 925 — 
21. The adoption of said ordinance shall operate to annex such 
territory to said city and to the ward or wards designated therein 
ninety days after the same is parsed and published. The valid- 
ity of the proceedings annexing such territory shall not be 
called in question collaterally in any court of this state, nor be 
called in question in any other manner in any such court un- 
less the action or proceeding therefor be commenced wdthin 
ninety clays after such ordinance is adopted. 

925 — 21a. (Ch. 149, 1903.) 

Detachment of territory; debts, property. Section 925 
— 21a. Upon the petition of a majority of property owners o\^ti- 
ing three-fourths of the taxable real estate which it is proposed 
to detach, according to the last tax roll, within the corporate 
limits of a city of the second, third or fourth class, whether incor- 
porated under the provisions of this chapter or by special char- 
ter, and which said taxable property is within a section adja- 
cent to the boundary lines of any such city, the common council 
may by ordinance detach such real estate from such city. Such 
ordinance shall reciuire for its adoption the affirmative vote of 
three-fourths of all the members of such common council and 
ii so adopted, the said property shall be detached from such city 
and attached to the towns or towns to Avhich the same shall be 
annexed and shall be taxable therein. Provided, however, that 
if a petition signed by five per cent, of the electors of such city 
be presented to such common council, within ninety (90) days 
after the passage of such ordinance, demanding that such ques- 
tion be submitted to the electors of such city then such common 
council shall cause such cjuestion to be submitted to the electors 
of such city at the next ensuing election, and in case a majority 
of the electors voting on such question shall vote in favor of 
such proposition, then and thereafter said property shall be de- 
tached therefrom and attached to the town or towns to which 
the same by reason thereof becomes annexed and shall be tax- 
able therein. 



16 GENERAL CHARTER LAW OF WISCONlSlN. 

It is further provided that such common council may by a 
majority vote of all its members submit to the electors of such 
city at the next ensuing municipal election the question of de- 
taching such real estate from such city, and in case a majority 
of the electors voting on such question shall vote in favor of 
such proposition, then and thereafter said property shall be de- 
tached therefrom and attached to the town or towns to which 
the same by reason thereof becomes annexed and shall be tax- 
able therein. Any indebtedness properly chargeable to sucn 
detached property may be adjusted between such city and the 
town or towns as i^rovicled bj^ sections 925 — 21a or 925 — 20, 
and the proceedings for such adjustment may be begun by 
either the town or city. Any property interest of such de- 
tached territoiy shall vest in the city. 

925 — 21b. (Ch. 493, 1907.) 

City boundaries; surveys; record, effect, j;est. Sectio>^ 
925 — 21b. All cities whether organized under a general or 
special charter are hereby continued as bodies corporate by the 
name and fttyle which they now bear, until the same is duly 
changed. The district or territory now embraced within the lim- 
its and bcundaries of such cities, as now described, shall con- 
tinue to be the boundaries of such cities until changed by law. 
Any city- may direct a survey of its present boundaries to be 
made, and \^iien properly attested such survey may be filed in 
the office of the register of deeds in the county or counties in 
which such city is located and when so filed such survey and plat 
shall be prima facie evidence of the facts therein set forth, and 
after the lapse of one year such a survey and plat shall be con- 
clusive evidence of such facts. Any citizen may, by appropriate 
legal procedure, test the correctness of said survey and plat. 
The time such action is pending shall be excluded from the above 
limitation of time. Subsequent extensions of the boundaries of 
such cities may be surveyed and such surveys filed in the man- 
ner .above provided and may be tested in the same manner and 
with like effect as a survey and plat of the original boundaries. 



Chapter V. — Officers, Their Election,, Appointment, Quali- 
fications, Compensation; Vacancies. 

Of cities of first class. Section 925 — 22. Officers of cities 
of the first class shall be a mayor, two aldermen from each ward, 
constituting a common council, a treasurer, comptroller, attor- 



GENERAL CHARTER LAW OF WISCONSIN. 17 

ney, clerk, engineer, tax oommissioner, an assessor for each 
ward, r. board of public works, a school board, a board of com- 
missioners of the public debt, a board of health, one or more 
city physicians, a chief of police, a chief engineer of the fire 
department, one or more harbor-masters where required, ia, 
mipervisor for each ward, a justice of the peace and one con- 
stable for each ward, policemen, bridge-tenders, firemen, street 
eommissicners and such other officers as the council shall from 
time to time deem necessary. 

925 — 22a. (Ch. 566, 1907.) 

Cities of first class: aldermen, election, term. Section 
925 — 22a. 1. In each city of the first class in the state, whether 
operating under a general or special charter, there shall be elected 
to the common council as members thereof, twelve aldermen at 
large and one alderman from each Avard and such aldermen shall 
constitute the sole legislative body of such city. The powers and 
salary of the aldermen shall be the same as now or is subse- 
quently provided. The aldermen elected at large, after the first 
election, shall be elected for a term of four years, the aldermen 
from the wards shall be elected for a term of two years. At the 
first eleetirai of aldermen at large, there shall be twelve elected, 
the six having the largest number of votes to hold for a term of 
four years and the second six to hold for a term of two years, 
when their successors are to be elected fcr a term of four years. 

Election day. 2. The election of aldermen under the pro- 
vision of this act shall take place on the first Tuesday of April, 
1908, and biennially thereafter. 

925 — 23. (Ch. 60, 1901.) 

Officers of other cities. Section 925 — 23. The officers of 
cities of the second, third and fourth classes shall be a mayor, 
treasurer, clerk, comptroller, attorney, assessor or one or more 
assessors, Uxo or more justices of the peace, one or more con- 
stables as the common council may determine by ordinance, a 
physician, street commissioner, chief ^of the fire department, a 
board of public works, a board of school commissioners, one or 
more policemen, two aldermen and one supervisor from each 
ward, and such other officers or boards as the common council 
may deem necessary ; provided, that the council, by a two-thirds 
vote, may dispense with the offices of street coanmissioner, engi- 
neer, comptroller and board of public works, and provided that 
9 



18 GENERAL CHARTER LAW OF WISCONSIN. 

the duties thereof be perfoirmed by other officers or boards, by 
the oouncil or a cominittee thereof. 

92 5 — 23a. (Oh. 92, 1905.) 

Aldermen, other cities. Section 925 — 23a. In all cities 
of this state of the second, third and fourth class whether g-ov- 
erned by general or special charter, or by both, the common 
council may, by ordinance, provide that there shall be one or 
t^\^o aldermen from each ward, and shall determine the time and 
-manner of their election ; provided, however, that said ordinance 
shall not take effect until the same is submitted to and approved 
by a majoirity of the voters voting thereon at a general municipal 
election. 

925 — 24. 

Annual election. Section 92l5 — 21. The annual municipal 
election in all cities shall be held on the first Tuesday in April 
at such place or places as the council shall designate ; provided, 
that in cities of the fourth class the coiincil, by ordinance duly 
adopted by a three-fourths vote of all the members-elect, may 
fix as the time of holding such election the first Tuesday in 
jMarch. The polls at such election shall be opened at six o'clock 
A. ]M. and closed at five o'clock P. M. Ten days' previous notice 
of the time and place of such election ;and of the officers to be 
elected shall be given by the city clerk by publication in the 
official city paper and by posting written or printed notices in 
three public places in the city ; but the failure to give such notice 
shall not invalidate such election. In all other respects such 
election shall be conducted as prescribed by chapter 5, except 
that no registration of voters shall be required unless provided 
for by ordinance. 

92 5 — 2 5. (Ch. 601, 1907.) 
City officers: how chosen. Section 925 — 25. 1. The 

mayor, treasurer, comptroller, aldermen, justices of the peace 
and supervisors shall be elected by the people. The other offi- 
cers shall he elected or ofJiendse selected as provided hij ordi- 
nance approved hy tJie electors of the ciity ; provided, that 
in case any such officer, except policemen, shall be appointed 
by the mayor, such appointment shall be subject to confirmation 
by the council. In cities ivhere the clerk performs the duties 
of comptroller, the clerk shall le elected hy the people. 

Under general charter. 2. In all cities operating under 
the general law, officers, except as herein specified, shall con- 



GP:NERAL charter law of AAaSCOXSIN. 19 

iiniie to he elected or appainted in the manner now provided 
hy laiv. In cities adopting the general law all officers shall con- 
tinue to he elected or appointed in the manner prevailing in 
such cities at the time of the adoption of the general law, until 
changed in the manner herein provided, except as herein other- 
toise provided. 

Initiative and referendum. 3. Upon petition of fifteen per 
centnm of the electors voting at the last preceding election the 
council shall suhmit the (juestio)i of clianging the manner of 
election of any city official to the method specified in such peti- 
tion except as to those officials enumerated in section 1 of tUis 
act who are to he elected hy the people. Thereafter such officers 
shall he elected or appointed' in tlie manner determined, hy the 
electors at such election. 

Cities ; 4th class : petition. 4. In cities of the fourth class 
the clerk and other officers, may be elected by the electors at 
the same time and in the ^ame manner as other officers are 
elected, upon a petition asking therefor beino- filed in the office 
of the city clerk fifteen days prior to any regular municipal 
election, signed by thirty per cent, of the electors of such city 
who voted at the last general election then next preceding as ap- 
pears from the poll list. 

Notice of election. .7. It shall be the duty of the coun- 
cil and the proper officers of any city of the fourth class ta 
give nctice of, call for and order the election at the next 
election and thereafter at each succeeding election, the of- 
ficer or officers whose title of office is specified in such petition.. 

Petition, affairs. 6. Such petition may include one or more 
or all of the vofficers of such city, and the notice of and the 
order for the election shall follow and include the officer or 
officers named in the petition, and upon like petition, signed by 
a majority of the electors asking therefor, any common council, 
of any city of the fourth class by ordinance duly passed may 
provide for the appointment by the mayor mth the concurrence 
of the council of any officers of such city excepting the office 
of mayor, aldermen, treasurer, supervisor or justice of the 
peace. 

925 — 26. 

Terms. Section 925—26. All officers shall hold their offi- 
ces respectively for the term of one year, except justices of the 



20 GENERAL CHARTER LAW OF WISCONSIN. 

peace and aldermen, who shall hold for two years and until 
their snccessiors are qualified, unless the council shall, by ordin- 
ance, provide a longer term for said officers or any of them, 
or unle.'S a different term of office is expressly provided in this 
chapter; provided, that this section shall not extend the terms 
of any city officers beyond the terms for which they were orig- 
inally elected or appointed. The common council may provide 
that the terms of the aldermen first elected after the adoption 
of this provision shall expire in different years, and thereafter 
part, of the aldermen shall be elected each year and hol^ for 
the full term. 

925 — 26a. (Ch. 227, 1909.) 

Cities: 2nd, 3rd, 4th class; terms of office. Section 925 
— 26a. 1. In cities of the second, third and fourth classes, the 
terms of office of all city officers hereafter chosen by the elec- 
tors, except aldermen of cities governed by special charter, shall 
be two years; and ako except supervisors, who shall be elected 
annually, and their term of. office shall be for one year, unless 
othermse provided for in cities operating under special char- 
ters, or unless the common council shall hy ordinance provide a 
different term for said officers, or any of them. 

Exception. 2. This act shall not affect the term of office of 
any city officer which exceeds two years ; 

Aldermen. 3. The common council may, by ordinance adopted 
and published at any time previous to the publication of notice 
of the election at which aldermen are to be elected, provide 
for the division of the aldermen into two classes, one class 
to be elected for two years, and the other for four years 
and thereafter the term of office of all such aldermen shall be 
four years. All ordinances adopted under the authority herein 
granted, shall he deemed adopted^ only upon the ofrrmativc 
vote of two-thirds of the memho's elect of the couhcd, v.hicJi 
vote shall he recorded. 

925 — 27. 

Eligibility. Section 925 — 27. No person shall be eligible to 
an office created by the provision of this chapter who is not 
at the time of his election a citizen of the United States and of 
this state and resident elector ( -f the city ; nor shall any per- 
son be eligible to any ward office unless he shall be at the time 
a resident elector of the ward in which such office exists. 



GENERAL CHARTER LAW OF AYISCOXSIX. 21 

925 — 28. 

Commencement of terms. Section 925 — 28. The term of 
office of the mayor and aldermen shall commence on the third 
Tuesday of April sncceeding their election and camlitication. 
The terms of all other officers shall commence on the first day 
of ]\Iay sncceeding their election or appointment unless ether- 
wise provided by ordinance, and they shall hold for such term 
as has been provided for each respectively and until their re- 
spective successors are qualified. 

925 — 29. 

Elections, how held; tie vote. Section 925 — 29. All elec- 
tions shall be by ballot and plurality of votes cast shall con- 
stitute an election. AVhen two or more candidates shall receive 
an equal number of votes for the same office the election shall 
be determined by the casting of lots in the presence of the coun- 
cil at such time and in such manner as such council shall direct. 

925 — 29a. (Ch. 193, 1907.) 

Certificate of election; qualification. Section 925 — 29a. 
To the person elected to any office the city clerk shall issue a 
certificate of election. To the person appointed, a certificate 
that such person has qualified for the position to which such a 
person is appointed, which certificate shall be filed with the 
secretary of the commission or board to which such a person has 
been appointed. Thereupon such appointee shall be deemed to 
be qualified to act as a member of such board or comnrission. 

925 — 30. 

Salaries, how fixed. Section 925 — 30. The common coun- 
cil shall by ordinance provide such salary or compensation for 
the officers and employes of the city as it shall deem proper; 
provided, that in cities of the second, third and fourth classes 
no salarj^ shall be paid to the mayor or members of the council 
except when ordered by a vote of three-fourths of the mem- 
bers-elect of the council. The council shall, at its first regular 
meeting in February, fix the amount of salary which shall be 
received by every officer entitled to a salary, who may be elected 
or appointed during the ensuing year, which shall not be in- 
creased or diminished during his term of office and which shall 
be paid out of the city treasury at the end of each month. All 
salaries heretofore fixed by any council or established by law 
shall be and remain the salaries of such officers until the coun- 
cil shall otherwise determine ; provided, however, that where any 



22 • GENERAL CHARTER LAW OF WISCONSIN. 

new city shall have been incorporated and cffieers thereof elected 
or appointed the council may at any regular meeting, during the 
term c,f office of such officers, declare and fix the amount of com- 
pemation they shall receive. 

925 — 31. 

Vaxancies, how filled. Section 925 — 31. When any officer 
shall remove from the city, or any ward officers shall remove 
from his ward, or any such officer shall refuse or neglect for 
ten clays after official notification of his election or appointment 
to qualify and enter upon the dis'charge of the duties of his 
office, the office shall be deemed vacant ; and whenever a vacancy 
shall occur in any office where the officer was elected by the 
people it shall be filled by appointment by the mayoT, such 
appointment to be confirmed by the council; and whenever a 
vacancy shall occur in any office to be filled by appointment the 
same proceedings shall be had to fill such vacancy as are pro- 
vided for in case of an app; intment in the first instance. 

925 — 31b. (Ch. 493, 1907.) 

Mayor: vacancy. Section 925— 31b. A vacancy in the 
office of the mayor shall be filled by the common council, the 
person selected to hold office until the first Tuesday in April, 
succeeding, when the vacancy shall be filled by an election. The 
person so elected by the common council shall l^e elected in the 
same manner as the president of the common council. 

925 — 31c. (Ch. 493, 1907.) 

Salaries; no additional pay. Section 925^31c. No of- 
ficer cr "employe receiving a salary from any city, whether or- 
ganized under general or special law, shall receive for service 
of any kind or nature rendered such city any compensation 
therefor other than the salary fixed and provided for such of- 
fice. This act s;hall apply to all officials now serving or here- 
after elected cr appointed to public place. 

925 — 32. 

Special elections. Section 925 — 32. Special elections to 
fill vacancies or for any other purpose •shall be held and con- 
ducted by the inspectors and clerks of election of the several 
election precincts in the same manner and the returns thereof 
shall be made in the same form and manner as of the general 
municipal elections, and within such time as is prescribed by law. 



GENERAL CHARTER LAW OF WISCONSIN. 23 

925 — 33. 

Term of office. Section 925 — 33. Every person elected or 
appointed to fill a vacancy shall hold his office and discharge 
the duties thereof for the unexpired term. 

925 — 34. 

Oath of office. Section 925 — 34. Every person elected or 
appointed to any office shall, before he enters upon the discharge 
of the duties thereof, take and siubscribe the oath of office pro- 
vided for by the oonstitution, and file the same mth the city 
clerk within ten days after notice of his election or appointment; 
and in ease of his failure to do either the office shall be deemed 
vacant. 

92 5 — 35. 

Bonds. Section 925 — 35. The treasurer, comptroller, jus- 
tices of the peace, constables and such other officers as the council 
mjay direct shall, before entering upon the discharge of the 
duties of their respective offices, execute and deliver to the city 
a bond in such sum as the council may determine, with two or 
more sureties, CGnditioned for the faithful discharge of the 
duties of their respective offices, and with such other conditions 
a.s the council may prescribe ; the council may at Riiy time re- 
quire new and addit'onal bonds of any officer. All bonds must 
be approved by the mayor, and when so approved shall be filed 
in the office lot the city clerk within ten days after the officer 
executing the same shall have been notified of his election or 
appointment, and when so approved and filed shall be recorded 
by the citv clerk in a book kept for that purpose ; such clerk shall 
annex to each such record a certificate that the same is a true 
oopy of the original, and such record shall be prima facie evi- 
dence of the contents of such bond and in the absence of the 
original may be used as evidence in all courts. Justices of the 
peace and constables shall also give a bond as required by statute. 

925 — 36. 

Removal of officers. Section 925 — 36. Every person 
elected or appointed to any office may be removed therefrom by a 
vote of three-fourths of all the members of the council ; but no 
such officer shall be removed except for cause nor unless charges 
are preferred against him and an oppcrtimity given him to be 
heard in his defense. The council may compel the attendance of 
mtnesses and the production of papers when necessary for the 
purpose of such hearing, and shall proceed within ten days after 



24 GENERAL CHARTER LAW OP WISCONSIN. 

the charges are filed with the city cleric to hear and determine the 
case , upon its merits. The mayor may suspend any 'officer 
against whom charges have been preferred until the disposition 
of the same and appoint an officer to fill the vacancy tempor- 
arily until the charges have been disposed of. Any officer ap- 
pointed by the mayor without confirmation under the provisions 
bi this chapter may be removed by him when he deems it for the 
best interest of the city. 



Chapter VI. — Officers, Their Powers and Duties. 

925 — 37. 

Mayor city first class. Section 925 — 37. In cities of the 
firsit class the mayor shall be the chief executive officer, the 
head of the fire department and of the police. He shall take 
care that the laws of the state and the ordinances of the city are 
observed and enforced and that all officers of the city discharge 
their respective duties. He shall from time to time give the 
council such information and recommend such measures as he 
may deem advantageous to the city. Except asi otherwise pro- 
vided he shall appoint all policemen, and in case of a riot or 
other disturbance may appoint as miany special policemen as he 
may deem necessary. He shall have power to sign or veto any 
ordinance passed by the council. Should he refuse to approve 
any ordinance, rule, regulation, claim or resolution appropriat- 
ing money or creating a debt or liability he shall communicate 
his objections in writing to the council within three days (Sun- 
clays and legal holidays excepted) after such law, ordinance, 
rule, regulation or resolution is submitted for his approval. If 
upon the return of such veto message three-fourths of the com- 
mon council elect vote for the passage of such ordinance, rule, 
regulation, claim or resolution the same shall be considered 
legally passed notwithstanding such objections. 

925 — 38. 

Mayor: cities of other classes. Section 925 — 38. In cities 
of the second, third and fourth classes the mayor shall be the 
chief executive officer and head of the fire and of the police de- 
partments; he shall take care that the laws of the state and the 
ordinances of the city are observed and enforced and that all 
officers of the city discharge their respective duties. He shall 
from time to time give the council such information and recom- 
mend such measures as he may deem advantageous to the city. 



GENERAL CHARTER LAW OF WISCONSIN. 25 

AYlieii present he shall preside at the meetings of the council; 
he shall sign all agreements, contracts, licenses and permits 
granted by the council and approve or otherwise act upon all 
claims allowed by it ; he shall appoint all policemen and may, 
in case of a riot or other emergency, appoint as nmny special 
policemen as may be necessary. He shall have the veto power. 
Should -he refuse to approve any ordinance, rule, regulation, 
claim or resoluticn appropriating money or creating a debt 
or liability he shall file with the city clerk objections in writ- 
ing within five days after such ordinance, rule, regulation, claim 
or resolution is submitted to him for approval, such objections 
to be presented to the council at its next meeting. If upon the 
return of such veto message three-fourths of all the members 
of the common council vote for the passage of such ordinance, 
rule, regulation, claim or resolution the same shall be considered 
legally passed notwithstanding such objections. 

925 — 38a. (Ch. 190, 1907.) 

President of council; election; acting mayor. Section 
925 — 38a. In cities of the first clasis the council at its first 
meeting after its organization biennially shall choose from their 
number a president, by viva vcee vote upon a roll call, who shall 
preside over the meetings of the common council during two 
years. The vote by which a president of the council is elected 
shall be entered upon the minutes of the proceedings of the 
council. No electi:>n shall be valid unless the vote is so entered. 
In case of a vacancy in the office of mayor, or during his ab- 
sence or inability from any cause to perform the duties of his 
office, the president of the council shall have and exercise all 
the powers and discharge all the duties of mayor until he shall 
resume his office or the vacancy be filled by an election. When 
sio acting such president shall be styled ''acting mayor," but 
as acting mayor he shall not have authority to sign or approve 
any ordinance, rule, regulation, claim, resolution, Avarrant or 
other proceeding whatsoever Avhich the mayor has refused to 
sign and communicated his refusal to the council. 

925 — 38b. (Ch. 493, 1907.) 

Appointments: confirmation. Section 925 — 38b. The 
appointments to public office by the mayor of all cities shall be 
subject to confirmation by the common council, unless other- 
wise provided by law. An appointee to any office rejected by 
the common council shall be ineligible for appointment to tTe 
same office for one year thereafter. 



26 GENERAL CHARTER LAW OF WISCOXSLX. 

925 — 39. 

Vacancy; cities 1st class. Section 925 — 39. In cities of 
the first class the council at its first meeting after its organiza- 
tion in each year shall choose from their number a president, 
who shall preside over their meetings during the ensuing year. 
In case of a vacancy in the office of mayor, or during his ab- 
sence or inability from any cause to perform the duties of his 
office, the president of the council shall have and exercise all the 
powers and discharge all the duties of mayor until he shall re- 
sume his office or the vacancy be filled by an election. When 
so acting such president shall be styled ''acting mayor;" but 
as acting mayc<r he shall not have authority to sign or ap- 
prove any ordinance, rule, regulation, claim, resolution, warrant 
or 'Other proceedng whatever which the mayor has refused to 
sign and communicatecl his refusal to the council. 

925 — 40. 

Same; in other classes. Section 925 — 40. In cities of the 
second, third and fourth clasK^s the council at its first meeting 
after organization in each year shall choose from its number a 
president, who, in the absence of the mayor, shall preside at all 
meetings of such council, and during the absence or inability 
of the mayor to discharge the duties of his office shall exercise 
all the power and discharge all the duties of the mayor. The 
president, while presiding at meetings of the council or perform- 
ing the duties of the mayor, shall be styled ''acting mayor," 
and any act performed by him in such capacity shall have the 
same force and effect as if performed by the mayor; but such 
president as acting mayor shall have no authority to sign or 
approve any ordinance, rule, regulation, claim, resolution, war- 
rant or other proceeding whatever which, the mayor has refused 
to s'gn and communicated such refusal to the council. 

925 — 40m. (Ch. 103, 1909.) 

Vacancy: mayor, aldermen; 2nd, 3rd, 4th class. Sec- 
tion 925 — 40m. In cities of the second, third and fourth classes 
where a vacancy shall occur in the office of mayor or alderman 
by reason of death, resignation, permanent removal from the 
city or ivard, or other causae, the council. shall forthwith proceed 
to fill such vacancy by the election of a qualified elector of the 
said city to hold such office until a successor shall he elected and 
qualified. Such successor shall he chosen at the mumcipal 
election to he lield on the first Tuesday in April next sncceeding, 
and in case there is no municipal election to he held in such year, 



GENERAL CHARTER LAW OF WISCOXSIX. 27 

ihen at a ; pedal ejection to be held on the first Tueselaij in April 
folloiniig the occiorence of such vacancy. 

925 — 41. 

Clerk, appointment, etc. Section 925 — 41. The city clerk 
shall haA'^e the care and custody of the corporate seal and all 
papers and records of the city. It shall be his duty to attend 
all meetings of the council and keep a full record of their pro- 
ceedings, to record all ordinances and bonds in a book kept for 
that purpose, to keep a record cf all licenses granted, which rec- 
ord shall at all reasonable times be open to inspection by the pub- 
lic, to carefully preserve all receipts, filed with him and draw 
and sign all orders upon the treasury, except as otherwise herein 
provided, in pursuance of an order or resolution of the common 
council and keep a full and correct account thereof in books 
provided for that purpose. He shall have such i^ower and au- 
thority and perform such duties as clerks of cities and villages 
may be required to perform under the general laws. He shall 
keep an accurate account with the treasurer and charge him with 
all tax lists pre.^ented to him for collection and all sums of 
money paid into the treasury. In cities of the second, third and 
fourth classes he shall be c^x- officio secretary of the board of pub- 
lic works and board of school commissioners, and shall perform 
such other duties as may be required of him by the council. 
"Within thirty days after the close of each fiscal year he shall 
make and cpuse to be published in the official city paper a finan- 
cial statement showing the receipts and disbursements on account 
of each fund during the last preceding fiscal year. Copies of 
Siny and all books, papers', documents or instruments duly filed 
and kept in his office and transcripts from the records of the pro- 
ceedings of the council, certified by him under the corporate seal 
of the city, shall be evidence in all courts and places in like man- 
ner and with the sam_e force and effect as if the originals were 
produced. He shall also have power to administer oaths and 
•affirmations authorized to be taken by and under these statutes. 
lEvery such clerk may in writing appoint a deputy and shall file 
«uch appointment in his office ; such deputy shall aid in the per- 
formance of the duties of such clerk under his direction, and in 
case of h's absence or disability or of a vacancy in his office 
shall perform all such duties during such absence, disability or 
the eontinuance of such vacancy; and every such clerk and his 
sureties shall be liable upon his oificial bond for the acts of such 
deputy. 



28 GENERAL CHARTER LAAV OF AVISCONSIN. 

925 — 42. 

City attorney. Section 925 — 42. The city attorney shall 
conduct all the laAv business of the city and of the departments 
thereof and all other law business in which the city shall be in- 
terested ; he shall, when requested, furnish written opinions upon 
subjects submitted to him by the mayor or council or any of its 
committees or any other department. He shall keep a docket of 
all the cases to which the city may- be a party in any court of 
record, in which shall be briefly entered all steps tal^en in each 
cause, which docket shall at all reasonable hours be cpen to pub- 
lic inspection. It shall also be his duty to draft all ordinances, 
bonds, contracts, leases, conveyances and such other instruments, 
as may be required by the officers of the city, to examine and in- 
spect tax and assessment rails and all other proceedings in refer- 
ence to the levying and collection of taxes and assessments, and. 
to perform such other duties as may be prescribed by the charter 
and ordinances. He may appoint an assistant, who shall have 
power to do all the acts reciuired by law of the city attorney;, 
pr; vided, that he shall be responsible to the city for the acts of 
such assistant, and that the city shall not be liable for nor have, 
any authority to pay compensation to such assistant. 

925 — 43. 

Treasurer. Section 925 — 43.^ The city treasurer shall col- 
lect all city, county and state taxes, receive all moneys belonging 
to the city, keep an accurate account of the same in suitable- 
books prepared for that i^urpose, and pay over the money in his 
hands according to law. He shall keep a detailed account of the 
money received and disbursed by him in such manner as the 
council shall direct; his books shall at all reasonable times be- 
open to inspection by any voter of the city. He shall make a re- 
port to the council each month and as much oftener as required, 
which report shall embrace a statement of the receipts and dis- 
bursements in his office, and ten days preceding every annual 
election he shall make and file in the city clerk's office a full and 
minute report of all the moneys received and disbursed by him, 
of all tax certificates, vouchers and other effects of pecuniary 
value in his possession, and of all other transactions relating to- 
his office from the date of the like report of his predecessor to 
the date of the report reciuired to be made out by him. He shall 
keep an accurate account of each of the separate funds in his 
custody. Except as herein and otherwise provided he shall have- 
such power and authority and perform such duties as treasurers^ 
in villages and towns are required to perform under these stat- 



GENERAL CHARTER LAW OF WISCONSIN. 29 

Tites. He shall receive no fees or per diem except the salary fixed 
by the council prior to his electicn, but all fees collected by him 
shall be paid into the city treasury at the end of each month. 

925 — 44. 

Comptroller: city 1st class. Section 925 — 44. In cities 
of the first class the comptroller shall, on or before the first 
clay of October in each year, make to the council a detailed state- 
ment of the expenses of the city and the several wards thereof 
during the last fiscal year,* and such report shall also contain a 
statement of the estimated expenses of the current fiscal year, as 
the same has been prepared by the council, and an estimate of 
the probable income for that year from sources other than taxa- 
tion. He shall examine all estimates made by the board of pub- 
lic worlffi of public work to be done and all contracts made by 
them, and shall countersign the same if they are legal and the 
necessary funds shall have been provided for the proposed work ; 
and no such contract shall be valid until so countersigned. He 
shall keep a list of all certificates for the payment of which 
special taxes are to be levied, and make and file with the city 
clerk a list of all the special taxes to be levied each year in time 
for their insertion in the tax roll in the form of a schedule of 
special taxes, and shall certify the correctness of the same, and 
such certified schedule shall be prima facie evidence of the legal- 
ity and regularity of the taxes levied in pursuance thereof. He 
shall report monthly to the council the condition of the several 
funds of the city and a statement of all outstanding contracts 
and claims which A\dll be payable out of each fund. All claims 
and demands against the city founded on contract shall be 
audited and adjusted by him, and he shall make a monthly state- 
ment to the council of such claims, and no such claim shall be al- 
lowed until it shall have been so' certified. He shall examine and 
countersign all city orders before the same shall be valid. He 
may administer oaths and take testimony as to any cjuestion 
which it may be his duty to decide, and shall keep a record of 
all his acts and doings, which shall be open to the inspection of 
all persons. He may appoint a deputy for whose action he shall 
be responsible, and such deputy may act for his principal during 
his sickness or absence. 

Comptroller: other cities. Section 925—45. In all other 
cities the comptroller shall, on or before the first day of OctoI)er 
in each year, file with the city clerk a detailed statement of the 



30 GENERAL CHARTER LAW OF WISCONSIN. 

expenses of the city and the wards thereof during the last fiscal 
year, and such statement shall also contain an estimate of the- 
expenses of the fiscal year and the income for that year from 
sources other than taxation. He shall countersign all contracts 
made with the city if the necessary funds* shall have been pro- 
vided to pay the liability that may be incurred thereunder, and 
no such contract shall be valid until so countersigned. He shall 
make a list of all certificates for the payment of which special 
taxes are to be levied in each year in time for the same to be in- 
serted in the tax roll in the form of a schedule of special taxes, 
and certify the correctness of the same, and such certified sched- 
ule shall be prima facie e\ddence of the legality and regularity of 
the taxes levied in pursuance thereof; but no irregularity in 
the making of huch list shall invalidate any such special tax. He 
shall report monthly, in writing, to the council the condition of 
the several funds of the city and of the condition of all outstand- 
ing contracts and claims which may be payable out of each fund. 
He shall examine and countersign all city orders before the same 
shall be valid, but shall not countersign any order before the 
money is in the treasury to pay the same. He shall examine all 
claims presented against the city, whether founded on contract 
or otherwise, and determine as to each whether it is properly 
itemized and sworn to; if on c;'ntraet, whether the items charged 
are correct, whether such claim was incurred by proper author- 
ity, and generally determine its correctness. For the above pur- 
posses he may swear witnesses and take testimony. If he does 
not find any objection tn any claim he shall mark his approval 
thereon ; if he disapproves, or approves in part and disapproves 
in part, he shall report to the council his reasons therefor, and in 
all cases shall report the evidence taken by him. No claim shall 
be considered by the council or referred to a committee till it 
shall have been thus examined and reported on by the comp- 
troller. He shall examine each month the treasurer's accounts 
as reported and kept by him and report as to the correctness of 
the same, and also any violation by the treasurer of his duties in 
the manner of keeping his a.eccunts or disbursing moneys. The- 
comptroller shall procure a claim book at the expense of the city, 
in which all claims against it shall be entered as fast as the same 
are filed; said book shall be provided with an index and be in 
such form as to provide for the entry of the name of th<^ claim- 
ant, number of claim, date of filing, amount claimed, date of the 
report of the comptroller, whether approved and for how much, 
date of allowance or disallowance by the council, amoun": allowed, 
date of the order is-iied to pay the same, number of such order 



GENERAL CHAETER LAW OF WISCONSIN. 31 

and date of caneellation of the same. The comptroller shall per- 
form the duties of a member of the board of public works and 
such other duties as are required of him under the provisions of 
this chapter or by the council. In case the office of comptroller. 
is dispensed with the duties pertaining thereto shall be discharged 
by such officer or officers or board as the council shall designate 
by resolution or ordinance. 

925 — 46. (Ch. 2, 1909.) 

Cities 4th class: newspaper publications. Section 925— 
46. The council, in cities of the fourth class, at its first meeting 
or as soon thereafter as may be, shall designate one or more 
newspapers printed in the city, •// iliere he any printed in such 
city, and if not, sliall designate a neivspaper liaving a general 
clrcidation in said city and pri)tted' in, the coindy in ivJiich such 
city is located, in which shall be published all ordinances, notices, 
and other proceedings required by law to be published, and said 
council may establish by ordinance such rates for such printing 
and publishing as to them may seem just and proper, provided, 
that the price for such printing shall not exceed the legal rate 
for like work as the same is or may be established by law, and 
in ciiies in. which no neivspaper is printed, all orelinances, notices^ 
and otJier proceedings required^ hy law to he puhlished, sliall he 
posted' in tJiree puhlic places in said city. 

925 — 46a. 

Advertising and publication of proceedings. Section 
925 — 46«. The council of cities of the second and third classes, 
and cf all cities ineorporated under a special charter and having 
a population in excess of ten thousand and less than fifty thou- 
sand, shall, on or before the second Tuesday of April in each 
year, direct the clerk of said city to advertise in the official news-, 
paper or newspapers, if there be such, and if not, in any news- 
paper published in such city, for proposals to do the advertising 
for said, city in the English language for the next ensuing year 
thereafter and for the publication of all ordinances, notices and 
for all the city advertising required by law or any resolution or 
ordinance of the council, and also for proposals to publish the- 
proceedings of the coimcil in the English language as may be 
ordered thereby. Such advertisement shall invite separate bids 
for the advertising required and for publishing such proceedings, 
and invite such b'ds from all daily newspapers published regu- 
larly in said city for at least two consecutive years next prior to 
the date of the bids, if two or more such papers are published 



82 GENERAL CHARTER LAW OF WISCONSIN. 

therein ; and. if there be no two such papers, then from all news- 
papers published regularly at least once a week in said city for 
not less than two consecutive years next prior to the date of the 
bids; and shall require the delivery of such proposals in writing, 
duly sealed and directed to said clerk, on or before the first 
Tuesday of ]\Iay of the then current year. No bids for either 
kind of work shall be considered by said clerk except from a 
newspaper which has been so published. Such bond or deposit 
shall be required with each bid as the council may direct. Said 
clerk shall, on the first Tuesday of May in each year, at twelve 
o'clock noon, in the presence of the ma^yor or an alderman, open 
all such bids or proposals, and thereupon, in such presence, enter 
upon a record to be kept by him for that purpose all said pro- 
posals for either kind -of w^ork with the respective prices for 
which such newspaper or newspapers shall offer to do either the 
advertising or the publication of said proceedings. And there- 
upon said clerk shall transmit all such proposals to the council 
at the next meeting held after the opening thereof, and a state- 
ment of all such proposals, designating therein the newspaper or 
newspapers which shall have offered respectively to do such ad- 
vertising or such publication of proceedings, or both, at the low- 
est prices for the year ensuing. The council shall thereupon at 
said meeting by resolution designate and award such advertising 
and such publication to the newspaper or newspapers published 
in said city Avhich shall respectively offer to do such advertising 
and such publication of proceedings, or either thereof, at the 
lowest price for the year then ensuing. And if two or more bids 
shall be received for either such advertising or publication for 
the same price, then such advertising or publication or both shall 
be let to such lowest bidding newspaper or newspapers as the 
council may elect. And whenever the successful bidder for the 
advertising or for the publication of proceedings as aforesaid, 
or for both, shall have executed the contract, he or they shall ex- 
ecute and file vdth the city clerk such bond for the faithful per- 
formance of such contract as the council may require, and after 
such contract and bond shall have been duly approved as afore- 
said such newspaper or newspapers shall thereupon publish all 
such ordinances, notices, council proceedings and other proceed- 
ings as are required by the charter, by resolution or ordinance of 
the council to be published in a newspaper, and which such news- 
papers shall have contracted to publish for the compensation 
specified in their proposals and contract, and no lower or -higher, 
and shall receive no other compensation therefor; provided, 
however, that said coimcil shall reject all bids exceeding legal 



GENERAL CHARTER LAW OF WISCONSIN. 3^ 

rates for like work, and in case of the rejection of all bids for 
either advertising or publication of proceedings for such cause it 
shall thereupon be the duty of the said council to direct said 
clerk to readvertise for proposals for such advertising or publi-. 
cation, as the case may be, in the manner hereinbefore provided, 
and said clerk shall thereafter transmit to said council the pro- 
posals so received by him in the manner aforesaid. The said 
council ehall designate the newspaper or newspapers receiving 
the contract for such advertising as the proper official newspaper 
or newspapers of the city. 

925 — 46m. (Ch. 249, 1909.) 

School boards : proceedings ; printing, publication. Sec- 
tion 925 — 46m. The official proceedings of regular and special 
meetings of boards of education in all incorporated cities and 
villages in this state, including a full statement of all receipts 
and expenditures, shall be printed and published in such man- 
ner as the board of education shall direct. 

925—47. 

Proof of publication. Section 925 — 47. When any ordi- 
nance, notice, resclution or other proceeding shall have been pub- 
lished a copy of such publication, together with the affidavit of 
the printer or his foreman, stating the length of time the same 
has been published, shall be filed with the city clerk, and such 
affidavit shall be conclusive evidence of the publication thereof, 
and the bill for such publicaticn shall not be audited until such 
affidavit is so filed. 

925 — 48. 

Duties of other officers. Section 925 — 48. All other of- 
ficers elected or app ranted under and by virtue of the authority 
of this chapter shall perform such duties as are required to be 
performed by like officers under these statutes and also such as 
are prescribed by the council. 



Chapter VII. — The Common Council, Its Powers. 

925 — 49. 

How constituted; ordinances; mayor's vote. Section 
925 — 49. The mayor and aldermen shall constitute the common 
council, and the style of all ordinances shall be : " The common 

council of the city of do ordain as follows. ' ' Whenever 

3 ^ ■ ^ ^ 



34 GENERAL CHARTER LAW OF WISCONSIN. 

in this chapter a majority or a certain proportion of the members 
of the common council is required to take any action or to form a 
qnonnn, the mayor shall not be counted in determining such 
majority or proportion; nor shall the mayor have any vote ex- 
cept in case of a tie. 

92 5 — 49a. (Ch. 190, 1907.) 

Ordinances: style; unfinished business. Seciion 925— 
49a. In cities of the first class the aldermen elected from 
the various wards and the aldermen at large, when elected in 
any city, shall constitute the commim council and the style of 

all ordinances shall be ''the common council of the city of 

do ordain." The connnon council shall be a continuing 

body, and unfinished business pending before it shall not lapse 
or go down with the council year, but all pending business be- 
fore the common council, or any committee thereof, at the term- 
ination of any council year, shall be considered as pending be- 
fore the common coimcil of the next succeeding council year, 
or the coTresponding committee thereof, and may be acted upon 
and disposed of by the council of such succeeding year as if 
no change in the council had taken place, by the expiration of a 
council year. 

925^-50. 

Meetings. Section 925 — 50. The council shall hold its first 
meeting in each year on the third Tuesday of April, and shall 
thereafter hold a regular meeting on the first Tuesday of each 
month, and at such other times as the council may direct. The 
mayor may call a special meeting by a written notice to each of 
the members, to be served personally or left at their several 
places of abode at least six hours prior to the time for such 
meeting. 

925 — 51. 

Rules; quorum; proceedings; ayes and noes. Section 
925 — 51. The common council shall determine the rules of its 
own proceedings. Two-thirds of the members shall constitute a 
quorum for the transaction of business, excepting in cities where- 
in the council does not exceed five members, and in such cities a 
majority of the members thereof shall constitute such quorum, 
but a smaller number may adjourn ; their sessions shall be open 
to the public ; the ayes and noes may be required by any mem- 
ber ; and on the adoption of any ordinance or resolution assessing 
or levying taxes or for the appropriation or disbursement of 



GENERAL CHARTER LAW OP AVLSCONSIN. 35 

money or creating any liabil'ty or charge against the city or any 
fund thereof the vote shall be taken by ayes and noes, and every 
such vote shall be entered at length upon the journal. The 
council shall be the judge of the election and the qualifications 
of its own members, and may 'punish fhem or other persons 
present by fine for disorderly behavior; may compel the attend- 
ance of its members upon its meetings, and employ the police of 
the city for that purpose; may fine or expel any member for 
neglect of duty as such member or for unnecessary absence from 
sessions of the council. At all confirmations by the council the 
vote shall be talvcn viva voce and shall be recorded by the clerk 
in the journal ; a concurrence of a majority of all the members 
shall be necessary to a confirmation. 

925 — 52. 
Powers of council, enumeration of. Section 925 — 52. The 

council shall have the management and control of the finances 
and of all the property of the city, except as herein otherwise 
provided, and shall likewise, in addition to all other povrers here- 
in and elesew^here in these statutes vested in them, have full 
power and authority to make, enact, ordain, establish, publish, 
enforce, alter, modify, amend and repeal all such rules, by-laws 
and regulations for the government and good order of the city, 
for the benefit of its trade and commerce, and health of the -in- 
habitants thereof, for the prevention of crime and for carrying 
into effect the powers vested in said council as they shall deem 
expedient; such council shall have power to declare .and impose 
penalties and enforce the same against any person or persons 
wdio may violate any of the provisions of such ordinances, rules, 
by-laws or regulations; and such ordinances, rules, by-laws and 
regulations shall have the force of law, provided that they 
be not repugnant to the constitution of the United States 
or of this state or of the laws thereof ; and for the aforesaid pur- 
poses such council shall have authority by ordinance, resolution, 
by-law or regulation : 

1. To license, regulate or prohibit the exhibition of common 
shoM^nen or shows of any kind, or exhibitions of caravans, cir- 
cuses or theatrical performances, billiard tables, bow^ling saloons, 
nine or ten pin alleys, and provide for the abatement and re- 
moval of the same under the ordinances of said city and the 
laws of the state; and may grant licenses for and regulate gro- 
ceries, tavern keepers, keepers of ordinaries, saloons, victualing 
houses or other houses or places for the selling or giving away of 
spirituous, vinous or fermented liquors; proyided, that in case 



36 GENERAL CHARTER LAW OF WISCONSIN. 

an application for a license is denied the council shall not have 
authority, unt'l after the succeeding first day of May, to grant 
any license for dealing in or vending such liquors by the same 
person at the same place ; provided further, that the council may 
establish saloon limits by ordinance, which said limits shall not 
be extended except by a vote in favor of the same of three- 
fourths of all the members thereof; and provided further, that 
no such license shall be granted except by a majority vote of all 
the members of the council ; and the person to whom it is granted 
shall give a bond in such form, in such sum and with such con- 
ditions as the council may determiTie, with two or more sureties, 
and no person shall sign more than one bond as principal or two 
bonds as surety. 

2. To restrain, prohibit or suppress all descriptions of gamb- 
ling and fraudulent devices and 'practices. 

3. To license, regulate, suppress or prohibit concerts or other 
musical entertainments by itinerant persons or companies, ex- 
hibitions of natural or artificial cur.O'.dties and all other exhibi- 
tions and amusements. 

4. To prevent and suppress riots, noise, disturbance or dis- 
orderly assemblages and disorderly houses and houses of ill-fame. 

5. To compel the owner or occupant cf any grocery, cellar, 
tallow chandler's shop, soap factory, tannery, stable, barn, privy, 
sewers or other unwholesome or nauseous bouse or place to 
cleanse the same from time to time, or remove or abate the 
same, as it may deem necessary for the health, comfort and con- 
venience (f the inhabitants of said city. 

6. To direct the management of and regulate breweries, tan- 
neries and packing-houses, and direct the location, management 
and construction of, and regulate, license, restrain, abate or pro- 
hibit within the city and within a distance of four miles there- 
from, distilleries, slaughtering establishments, glue factories, es- 
tablishments for cleaning or rendering lard, tallow, offal and 
such other substances as can or may be rendered, and all estab- 
I'shments or places where any nauseous, offensive or unwholesome 
business may be carried on ; provided, that the Milwaukee, 
]\Ienominee and Kinnickinnic rivers with their branches to the 
outer limits of the county of Milwaukee, and all canals connect- 
ing with sa'd rivers, together with the lands adjacent to said 
rivers and canals or within one hundred yards thereof, shall be 
deemed to be within the jurisdiction of the city of Milwaul^ee. 

7. To direct the location and management of public markets. 

8. To regulate butchers and regulate or restrain the sale of 
game, poultry, fresh meat, vegetables, fish, butter, fruit and 



General charter law of Wisconsin. 37 

other provisions within the city, and appoint an inspector or 
inspectors of food and prescribe their duties and compensation, 
and cause the seizure and destruction or other disposition of 
tainted or unwholesome meat, butter, vegetables, fruit or pro- 
visions. 

9. To direct or prohibit the location and management of 
houses for the storage of gunpowder and other dangerous and 
combustible materials. 

10. To regulat^e or restrain the keeping and conveying of gun- 
powder and other combustible and dangerous materials and the 
use of candles and lights in barns, stables and outhouses. 

Storage of acids; fire apparatus. 10a. (Ch. 55, 1903.) 
It shall be lawful for all cities within this state by ordinance, 
to license the storage and use of nitric, sulphuric and other 
acids, the fumes or vapors from which will cause death to human 
beings by inhalation, and to regulate the storage thereof, and for 
all cities of the first cla^^s by ordinance to provide buildings with 
a sufficient number of automatic stream and distributing noz- 
zles, such buildings and the number of nozzles to be determined 
by the chief of the fire department and building inspector of 
said cities. 

I'l. To prohibit the shooting of fire-arms and crackers and the 
exhibition or use of any fireworks at any time or in any man- 
ner which may be considered by the council dangerous to the 
city or to any property therein or annoying to the citizens 
thereof. 

12. To prohibit the incumbering of the streets, sidewalks, 
lanes, alleys, public grounds, wharves and docks with carriages, 
carts, wagons, sleighs, sleds, wheelbarrows, bicycles, boxes, lum- 
ber, firewood, timber, posts, signs, awnings or any substance or 
material or in any manner whatsoever. 

13. To prohibit horse-racing and immoderate riding or driv- 
ing in the streets. 

14. To prohibit and punish the abuse of animals. 

15. To compel persons to fasten their horses, oxen or other 
animals attached to vehicles or otherwise while standing or re- 
maining in any street, alley or public ground. 

16. To regulate and determine the times and places of bath- 
ing and swimming in the canals, rivers, harbors or other waters 
in and adjoining the city, and to prevent any obscene or in- 
decent exposure or conduct. 

17. To restrain and punish vagrants, mendicants, street beg- 
gars and prostitutes, and restrain drunkards, immoderate drink- 



38 GENERAL CHARTER LAW OF WISCONSIN. 

ing or obscenity in the streets or public places, and provide for 
arresting, removing and punishing any person or persons who 
may be guilty of the same. 

18. To prohibit the running at large of dogs and authorize 
the destruction of the same in a summary manner when at large 
contrary to the ordinances. 

19. To provide for licensing the keeping of dogs at a rate of 
not less than one dollar nor more than ten dollars a year for 
each dog, require that a badge or token be carried by each li- 
censed clog, and provide for the secure muzzling of licensed or 
unlicensed dogs. 

20. To license and regulate hackmen, draymen, cartmen, port- 
ers, ominibus drivers, cabmen and carmen, whether in the per- 
manent employment of any corporation or not, and any other 
person who may pursue a like occupation, with or without vehi- 
cles, prescribe their comipensaticn and establish and change from 
time to time stands for hacks and other public vehicles. 

21. To prohibit or regulate the rolling of hoops, flying of kites, 
playing of ball or ether amusements or practices having a tend- 
ency to annoy persons passing on the streets or sidewalks or ^to 
frighten teams and horses. 

22. To regulate, control or prohibit the landing of persons 
from boats or vessels wherein are contagious or infectious dis- 
eases or disorders, and make such disposition of such persons 
as to preserve the health of the inhabitants of said city ; and also 
to make regulations to prevent the introduction of contagious 
diseases into the city or the spread of the same therein ; to make 
quarantine laws or regulations and enforce the same within the- 
city and not to exceed five miles beyond the city limits. 

23. To establish hospitals and provide for their regulation and 
support. 

24. To do all acts and make all regulations which may be 
necessary or expedient for the preservation of health and the 
suppression of disease. 

25. To regulate the burial of the dead and the registration of 
births and deaths; purchase and hold ground for cemeteries 
within or without the city limits and exercise jurisdiction and 
control thereof; direct the returning and keeping of bills of 
mortality, and impovse penalties on physicians, sextons and others 
for any default in the premises. 

26. To regulate, restrain or prohibit the running at large of 
cattle, horses, mules, swine, sheep or other animals, and authorize 
the distraining, impounding and sale of the same for the penalty 
incurred and the costs of proceedings, and also to impose pen- 



aENEBAL CHARTER LAW OF WISCONSIN. S9 

alties on the owners of any such animals for a violation of any 
such ordinance. 

27. To regulate the holding of public auctions. 

28. To prescribe and regulate the construction of ^wers 
within the city. 

29. (Ch. 37, 1909.) To locate, purchase sites, and let con- 
tracts for the erection and construction of public buildings, ac- 
quire by gift, grant, devise, donation, purchase, or condemna- 
tion lands, or tfie equity of redemption therein for puhlic parks^ 
playgrounds and other public purposes, and sell, dispose of, and 
convey the same 5 and to hold and redeem for said purposes any 
such equity heretofore or hereafter purchased. 

The acquisition or retention of such equity of redemption shall 
not, however, create any liability on the part of the city to pay, 
satisfy, or discJiarge any bonds issued or any mortgage or trust 
deed upon said lands executed prior to the purchase of such 
equity, nor shall said bonds, rnortagage, or trust deed be deemed 
or construed to be an indebtedness or liability against said city. 

30. To lay out, make, open and keep in repair, alter or dis- 
continue any highw^ays, streets, lanes and alleys, keep them free 
from incumbrances and protect them from injury. The pro- 
visions of section 90J: shall apply to proceedings for discontinu- 
ing highways, streets, lanes or alleys as herein provided. 

Streets, sidewalks, electric wires (Ch. 119, 1907). 31. 
To establish and alter the grade of streets and sidewalks; regu- 
late the manner of using the streets and pavements; protect 
the same from injury by vehicles used thereon; require 
standard sidewalks to be laid upon such street or streets or 
part thereof as it may prescribe; declare any sidewalk or part 
thereof unsafe, defective or insufficient, and that the same be 
removed and replaced with a new standard sidewalk or, one 
as good as the standard, to be approved by the board of pub- 
lic works, at the expense of the owmer or owmers of the lots 
or parcels of land abutting upon that portion of the street or 
streets upon w^hich said sidewalk is ordered to be built or re- 
moved, and cause the expense thereof incurred by the city in 
front of each said abutting lot or parcel of land to be charged 
to such lot or parcel of land as a special tax and collected like 
other city taxes upon real estate ; all proceedings as to the con- 
struction of sidewalks and the collection of the cost thereof to 
conform to the provisions of sections 925^201 to 925—207 in- 
clusive; and to establish districts in cities of the first, second 
and third classes and in all cities of the fourth class having a 



40 GENERAL CHARTER LAW OP WIBCONSilN. 

popidation, according to the last state or federal census of five 
thousand inhabitants or over, within which all electric light or 
power, telephone, telegraph or other wires may in the same 
ordinance e&tabl-i^hing such districts be ordered to be placed 
under ground and all poles now or hereafter used to support 
such wires shall be removed frcm the streets in such districts, 
and to provide a penalty for the violation of the provisions of 
such ordinance. 

32. To name or change the name of any street. 

33. To make and establish public pounds, pumps, wells, cis- 
terns and reservoirs, provide for the erection, maintenance and 
operation of water-works for the supply of water to the inhab- 
itants of the city, to supply such city with water for fire pro- 
tection and other purposes; and to secure the erection of water- 
works said city may, by contract or ordinance, grant to any 
person, perscixs, company or corporation the full right and 
privilege to build and own such water-works and to maintain, 
operate and regulate the same ; and in doing so to use the 
streets, alleys and br'dges of the city in laying and maintaining 
the necessary pipe lines and hydrants for such term of years 
and on such conditicns as may be prescribed by such ordinance 
or contract ; and may also by contract or ordinance provide for 
supplying from such water-works the city with water for fire 
protection and for other purposes, and also the inhabitants 
thereof with water for such term of years, for such price, in 
such manner and subject to such limitations as may be fixed 
thereby. 

34. (Ch. 209, 1905.) To provide for lighting the streets, 
public grounds and buildings wdth gas or otherwise, and heat- 
ing buildings with steam or otherwise and for furnishing light 
and heat to the inhabitants of such city upon such terms as 
may Ije provided by ordinance ; and for such purpose may 
own and operate its own lighting and heating plants, or con- 
tract by ordinance or otherwise with any person, persons, com- 
pany or corporation, for a term not exceeding ten years at any 
one time, at such price, on such terms and subject to such limi- 
tations as may be prescribed by such ordinance or contract; 
provided, that the foregoing provision for furnishing light and 
heat to the inhabitants shall not apply to cities of the first class. 

35. To establish and regulate boards of health. 

36. To provide for the abatement or removal of all nuisances 
under the ordinances or'^at common law, and the punishment of. 
the authors thereof or persons continuing the same by penalties 
of fine or imprisonment, and define and declare what shall be 



GENERAL CHARTER LAW OF WISCONSIN. 41 

deemed nuisances ; but nothing herein shall be construed to oust 
any court of jurisdiction to enjoin or direct the abatement and 
removal of nuisances in the streets or any other part of the city 
or within its juri?:dict'on by indictment or otherwise. 

37. To prohibit any per&cn from bringing, depositing or hav- 
ing within the limits of the city any putrid carcass or other 
unwholesome substance, and recjuire the removal or destruction 
of the same by any person who shall have upon or near his prem- 
ises any such substances, or any putrid or unsound beef, pork, 
fish or hides, and on his default, authorize the removal or de- 
struction thereof by some officer or officers of the city at the 
expense of such person or persons. 

38. To prohibit the ringing of bells, blowing of horns and 
bugles, crying of gcods, and all other noises, performances and 
devices tending to the collection of persons on the streets or 
sidewalks by auctioneers or others for the purpose of business, 
amusement or ctherwis^e. 

39. To regulate or prohibit the use of steam whistles within 
the limits of the city. 

40. To provide for sprinkling the streets at the cost of the 
city or of the lot3 cr parts of lots fronting thereon. 

41. To compel the owners or occupants of buildings or grounds 
to remove and keep snow, ice, dirt or rubb'sh from the sidewal^-^ 
street or alley opposite thereto, and to remove from the lots 
owned or occupied by them all such substances as the board of 
health shall direct ; and, on their default, authorize the removal 
or destruction thereof by some officer of the city at the expense 
of such owners or occupants. 

42. To prohibit all persons from riding or driving any horse, 
ox, mule or other animal on any sidewalk in said eity or in any 
way doing damage to such sidewalks. 

43. To regailate the sale of bread within the city, prescribe 
the size and weight of bread in the loaf and the quality of the 
same, and provide for the seizure and forfeiture of bread baked 
contrary to such regulations. 

44. To require every merchant, reta'ler, trader and dealer in 
merchandise or property of any description which is sold by 
measure or weight to cause his weights and measures to be 
sealed, and provide for the punishment of persons using false 
weights and measures. The standard of such weights and meas- 
ures shall be conformable to those established by law. 

45. To regulate the weighing and sale of hay, coal and lime, 
and the places thereof; the measuring and sale of wood; the 
cutting and sale of ice and to restrain the sale of impure ice. 



42 GENERAL CHARTER LAW OF WISCONSIN. 

46. To license and regulate auctioneers, distillers, brewers and 
pawnbrokers and keepers or proprietors of junk shops and 
places for the sale and purchase of second-hand goods, wares 
and merchandise. 

47. To license, regulate or restrain hawkers, peddlers and run- 
ners or solicitors for steamboats, vessels, cars, railroads, stages, 
public houses and other establishments, and other runners or 
solicitors for mercantile houses from other cities or towns for 
the sale of goods, wares and merchandise by sample, order or 
otherAvise; and keepers or proprietors of gift book stores, gift 
concerts and other gift enterprises; fix and regulate the amount 
of licenses under this subdivision, prescribe the time for which 
such licenses shall be granted, provide and enforce penalties for 
carrying on either of said trades, kinds of business or employ- 
ments without license, and regulate the manner in which they 
shall be carried on; provided, that no such license shall be 
granted for a less term than three months nor for a longer term 
than one year. 

48. To regulate or prohibit the keeping of any lumber yard 
and the placing, piling or selling of lumber, timber, wood or 
other combustible material within the fire limits of said city. 

49. To provide for the inspection and regulation of stationary 
steam-engines and boilers. 

50. To provide for the appointment of inspectors, weighers 
and gangers, regulate their duties and prescribe their fees. 

51. To regulate the use of locomotive engines within the city, 
direct and control the location of railroad tracks in the streets, 
regulate the speed of railway trains within the city and require 
railway companies to construct and maintain at their own ex- 
pense such bridges, viaducts, tunnels or other conveniences at 
public railroad crossings as the council may deem necessary; 
also to regulate the running of street railway cars, the laying 
down of tracks for the same, the transportation of passengers 
thereon and the kind of rail to be used. 

52. To provide for the appointment of watchmen and police- 
men, regulate the police and prescribe their duties. 

53. To compel the owners and occupants of all houses, stores 
and other buildings to number the same in such manner as the 
council may from time to time prescribe. 

54; To declare the weed commonly called the Canada thistle 
and other noxious plants and weeds in the city a public nui- 
sance and provide for the abatement of the same, as the city is 
authorized by law^ to abate other nuisances. 

55. (Ch. 99, 1903.) To direct and regulate and require the 



GENERAL CHARTER LAW OF WISCONSIN. 43 

planting and preserving of ornamental shade trees in and along 
the streets and on the public gxonnds, and may require ti'ees to 
be planted by the owners of lots in front of said lots and all im- 
proved streets and may plant trees and charge the expense there- 
of against the lot and may authorize all of said work to ba done 
by and under the jurisdiction of the park commissioner. 

56. To erect and construct, or permit, cause or procure to 
be erected and constructed, fioat, pivot or draw bridges over the 
navigable or other waters within the jurisdiction of the city, 
keep the same in repair and regulate the use thereof; said 
bridges to have draws of suitable w^dth when necessary for the 
purposes of navigation. 

57. To provide for the preservation of any harbor within or 
of the city ; prevent any use of the same or of such part of any 
lake, river, stream, spring or pond as is within the city or any 
action in relation thereto incons: stent with or detrimental to 
the public health or calculated to render the water of the same 
or any part thereof impure or offensive, or tending in any de- 
gree to fill up or obstruct the same; prohibit and punish the 
casting or depositing therein of any earth, dead animals, ashes 
or other substance, or filth, legs or floating matter ; prohibit and 
remove all obstructions therein and provide for the punishment 
of the authors thereof; regulate and prescribe the mode and 
speed of vessels entering and leaving the harbor, of passing the 
bridges and of coming to and departing from the wharves and 
streets of the city by steamboats, canal boats and other craft 
and vessels, and the disposition of the sails, yards, anchors and 
appurtenances thereto while entering, leaving or abiding in the 
harbor, and regulate and prescribe by such ordinances or 
through their harbor-master or other authorized officer such lo- 
cation of every canal-boat, steambo^at or other craft afloat, and 
such changes of situation in and use of the harbor as may be 
necessary to promote order therein and the safety and equal 
convenience, as near as may be, of all such vessels, boats, craft 
and floats, and impose penalties not exceeding one thousand 
dollars for any offense against such ordinance, and by such or- 
dinance to charge such penalties, together with . such expenses 
as may be incurred by the city in enforcing this subdivision, 
upon the steamboat, canal-boat or other vessel, craft or float. 

58. To establish dock lines, regulate the construction of piers 
and wharves extending into any lake or navigable waters, pre- 
scribe and control the prices to be charged for pierage or wharf- 
age thereon, and regulate, prescribe and control the prices to 
be charged for dockage and storage within the city.. 



44 GENERAL CHARTER LAW OP WISCONSIN. 

59. To lease the whaffing privileges of the rivers and navi- 
gable waters at the ends of streets upon such terms and condi- 
tions as may be reserved in the leasing of other real estate, re- 
serving such rent as may be agreed upon and employing such 
remedies in case of non-performance of any covenants in such 
case as are given by law in other cases ; but no buildings shall be 
Greeted on the ends of streets. The owmer or owners of the ad- 
joining lot or lots shall in all cases have preference in leasing 
such property, and a free passage over the same for all persons, 
with their baggage, shall be reserved in such lease. 

60. To authorize the taking up and to provide for the safe- 
keeping and education, for such periods of time as may be 
deemed expedient, of all children who are destitute of proper 
parental care and growing up in mendicancy, ignorance, idle- 
ness or vice. 

61. To authorize the arrest, fine and imprisonment of vag- 
rants or persons who, not having visible means to maintain 
themselves, are without employment, idly loitering or rambling 
about or staying in groceries, drinl<:ing saloons, houses of ill- 
fame, houses of bad repute, gambling hcuses, railroad depots, 
fire-engine houses or other buildings or structures, or who shall 
be found trespassing in the night-time upon the private prem- 
ises of others, or begging or placing themselves in the streets 
or ether thoroughfares or public places to beg or receive alms; 
also keepers, exhibitors or visitors at any gaming table, gaming 
house or place of fortune telling or cock-fighting, and all persons 
who go about for the purpose of gaming, or who shall have in 
their possession any article or thing used for obtaining money 
under false pretenses, or who shall disturb any place where pub- 
lic or private schools are held either on week day or Sunday, or 
places where religious worship is held. 

62. To prohibit the carrying of concealed weapons and pro- 
vide for the confiscation or sale of such weapons. 

63. To control and regulate the construction of buildings, 
chimneys and smokestacks, and prohibit the erection or making 
of any insecure or unsafe building, stack, wall or chimney in the 
city, and declare them nuisances and provide for their summary 
abatement. 

64. To regulate or prohibit the use of any hall, theater, opera 
house, church, school-house or building of any kind whatsoever 
to be used for the assemblage of people unless the same is pro- 
vided with ample means for the safe and speedy egress of per- 
sons therein assembled, in case of alarm. 

65. To improve such portions of any lake or river as are 



GENERAL CHARTER LAW OF WISCONSIN. 45 

within the city and establish the shore lines thereof so far as 
existing shores are marsh. 

66. (Ch. 61, 1899.) To regulate bicycles and the use thereof 
upon the streets and public places, and provide for the use of 
bells and lights thereon. 

67. No council shall have power to permit the running at 
large upon the streets or public grounds of the city of any cat- 
tle, horses, mules, asses, hogs', sheep, goats, geese or poultry. 

68. Laws, ordinances, regulations and by-laws shall be adopted 
by an affirmative vote of a majority of all the members of the 
council and shall, within fifteen days after their passage, be 
published in the official paper cr papers of said city before the 
same shall be in force. 

69. (190, 1907.) In cities cf the first class the common council 
shall have power by ordinance duly passed in addition to the 
powers now possessed, 

(a) To declare certain streets, boulevards and thorough- 
fares and to limit the use thereof; to prohibit heavily laden 
wagons or other conveyances from passing, being hauled or pro- 
pelled thereon. All streets heretofore declared by law, boule- 
vards, and the use thereof limited, shall continue as such until 
the acts designating the vsame as such 'are repealed. 

(b) In such cities owning or which may hereafter own water- 
works, by ordinance adopted by a two-thirds vote of all the 
members elect, to fix uniform rates to be paid for the use of 
water furnished by such city. 

(c) To establish public docks and to regulate the use of the 
same. 

(d) To issue bonds for doing such dredging and docking 
and the purchasing: and establishing cf publ'c docks and the 
making of .'uch ( ther harbor improvements as such city may 
do or make. 

70. (Ch. 244, 1907.) School houses and grounds appurten- 
ant thereto, under the direction of the proper school authorities, 
may be used f' r public meetings of a social and educational 
nature in addition to the purpcises for which such buildings 
are now authorized to be used. 

Bill boards. 71. (Ch. 302, 1907.) To license and regulate 
bill boards and may limit the size and determine the location 
thereof. 

925 — 52h. (Ch. 671, 1907.) 

Cities, second, third class: police pensions. Section 
925 — 52h. In every city of the second or third class in this 



46 GENERAL CHARTER LAW OF WISCONSIN. 

state, however incorporated, the commoR council shall make 
provision annually and from time to time as may be needed for 
the pensioning of disabled and superannuated members of police 
departments and the widows and orphans of deceased members 
thereof. 

925 — 52i. (Ch. GTl, 1907.) 

Sources of pension fund. Section 925 — 52i. For the 
purpose of establishing a permanent police pension fund said 
conmion councils shall cause to be set apart and to be retained 
and S'et apart by the treasurers of such cities all moneys re- 
ceived from dog licenses and one per cent, of all moneys received 
from all other licenses. There shall be deducted from the 
monthly pay of each meml)er of the police department a sum 
equal to one per cent, of such monthly pay, which shall be 
added to such fund; also all moneys deducted for time lost 
by members on account of sickness; and there shall also be 
paid and added to said fond all rewards eamecl and received 
by members of such departments, and all moneys received from 
sales of unclaimed property; and any and all moneys and 
property of every nature devised, bequeathed or donated there- 
to. 

925 — 52j. (Ch. 671, 1907.) 

Board of trustees: members, accounts. Section 925 — 
52j. The may( r, treasurer and city comptroller, when no comp- 
troller the city clerk, the chief of police and three active mem- 
bers of the police department of any such city, shall constitute 
and be a board by the name of the board of trustees of the 

policemen 's pension fund of the city of The three 

members of the board from the police department shall be 
elected annually, by ballot, at least three days before the annual 
election of the officers is held. Each member of such police de- 
partment shall be entitled to v;>te for such three members of the 
board upon one ballot, and the three candidates receiving the 
highest number of votes shall be elected. The said beard shall 
annually select from among their number a president and a 
secretary, ancl in case of a vacancy occurring during the term, 
the same shall be filled by the board. The city treasurer shall 
be ex-officio treasurer of said board and shall be custodian of 
said fund and shall be liable therefor upon his bond as for 
other moneys officially in his possession. He shall keep books 
and accounts concerning such funds in such a manner as the 
said board shall direct, and the said books and accounts concern- 



GENERAL CHARTER LAW OF WISCONSIN. 47 

mg said funds shall always be subject to the iuspeetiou of said 
board or any member thereof. 

925 — 52k. (Ch. 671, 1907.) 

Powers; rules. Section 925 — 52k. Said boards shall have 
exclusive control and management of the fund mentioned in 
this act and all money donated, paid or assessed for the relief 
or pensioning of disabled, superannuated or retired members of 
the police departments of such cities, their widows and children, 
shall be placed by the treasurers of such cities to the credit of 
such fund subject to the order of such l)oards. The said boards 
shall make all the needful rules and regulations for their govern- 
ment in the discharge of their duties and for the control of sucli 
funds; and shall hear and decide all applications for pensions 
imder this act. Each board shall cause to be kept by its sec- 
retary a record of all its meetings and proceedings. 

(Ch. 671, 1907.) 

Investment in bonds; custodian of securities. Section 
925 — 521. The said board sliall have power to withdravv' said 
fund from the city treasury and to cause the same or any part 
thereof to be invested and from time to time re-invested in 
the name of the city in interest bearing bonds of the United 
States or of the state of Wisconsin, or of any county, township 
or municipal corporation of said state ; and all securities taken 
upon any such investments .'•diall he deposited with the treasurer 
of the city, together with any interest and gains derived there- 
from, and shall be subject to the order of the said beard for 
the purposes of this act. 

(Ch. 671, 1907.) 

Rewards and gifts of property as sources; permanent 
fund. Section 925 — 52m. All rewards in moneys, fees, gifts 
or emoluments that may be paid or given for or on account of 
any service of said police departments, or any member thereof, 
except when allo^^ i^ci to be retained by said member by resolu- 
tion of said boards, or given to endow a medal or other per- 
manent ecmpetitive reward, shall be paid into said fund and con- 
stitute a part thereof. The said boards may take by grant, gift, 
devise or bequest, any money, real estate, personal property, 
right of property or other valuable thing the amount or value 
of which shall not exceed fifty thoustand dollars. And said 
money, real estate, personal property, right of property or other 
valuable thing so obtained shall be paid into said fund and 



48 GENERAL CHARTER LAW OF WISCONSIN. 

treated as a part thereof for the use of said funds; provided, 
that when the sum cf fifty thousand dollars has been accumu- 
lated in any of siaid funds, from any source, it shall be retained 
as a permanent fund, and thereafter the annual income there- 
from in addition to the other sums received for said purposes, 
shall be available for the use aud purpose of such pension fund, 
and until any of such funds shall amount to the sum of fifty 
thousand dollars the principal and interest derived therefrom 
may be used for the payment of pensions provided for by this 
act. 

Applications for pension. Section 925 — 52n. The said 
board shall, in accordance with such needful rules and regula- 
tions as it may establish therefor, hear and decide all applica- 
tions for relief or pensions under this act. 

925 — 52o. (Ch. 671, 1907.) 

Warrants. Section 925 — 52o. It shall be the duty of the 
mayor or president of the board of trustees or city cleric or 
comptroller or other officer or officers of any of said cities who 
are or may be authorized by law to draw warrants upon the 
treasurer of such city, upon request made in writing by said 
board, to draw w^arrants upon the treasurer of such board for 
all funds in the hands of the treasurer of such c'ty belonging 
to said pension fund. 

925 — 52p. (Ch. 671, 1907.) 

Disabled policemen: retirement; pension. Section 925 — 
52p. If Rny member of the police department while engaged 
in the performance of his active duty as such policeman be in- 
jured and found upon examination by a medical officer or- 
dered by said board, to be physically or mentally permanently 
disabled by reason of such injury so as to render necessary his 
retirement from service in such department, such board shall 
retire such disabled member from service ; provided no such 
retirement on account of disability shall occur unless the mem- 
ber has contracted such disability within the hours of each 
day or night when he is required to be on active duty by tha 
rules of the department or while he is engaged in the perfor- 
mance of '^ emergency duty" during his regular '^off hours." 
Upon said retirement the board shall order payment to such 
retired member monthly of a sum equal to one- half the monthly 
compensation allowed such member as salary at the date of his 
retirement. 



GENERAL CHARTER LAW OF WISCONSIN. 49 

92 5 — 52q. (Ch. 671,1907.) 
Widows, orphans; pensions; marriages; part payments. 

Section 925 — 52q. 1. If any member of Biwh police depar!- 
ment shall, Avhile in the performance of his diity, be killed or 
die as the result of an injury received in the line of his duty 
as described in the preceding section ; or, if any member of 
such department after ten years' service in such department 
shall die from any cause whatever while in the service : or if 
any member shall die from any cause whatever after having 
been retired upon a pension under the provisions of this act, 
and shall leave a widow or minor child or children under the 
ag-e of sixteen years surviving, the said board shall direct the 
payment from said pensicu fund of the following sums monthly, 
towit: to the widow, a sum equal to one-third of the monthly 
pay of the deceased member at the t"me of his death ; to the 
guardian of such minor child or children, six dollars for each 
child until it reach the age of sixteen years. 

2. In case of the re-marriage or death of the widoAV, then 
the amount that she may be entitled to by the provisions of 
this act shall be pa'd to and for the benefit of such minor child 
or children of the deceased father as are under the age of six- 
teen years. 

3. There shall not be paid to the family of a deceased member 
a total pension exceeding one-half of the amount of the monthly 
salary of such deceased member at the time of his death; or,- 
if a retired member, a sum exceeding one-half of the monthly 
salary of such retired member at the date of his retirement; 
provided, however, that if a, pensioner shall marry after his 
retirement from service and shall thereafter die, leaving a 
widow, such widow shall not be entitled to any relief or pen- 
sion from such fund. 

4. If at any time there shall not be sufficient money in such 
fund to pay each person entitled to the benefits thereof the full 
amo'unt per month as hereinbefore provided, then and in that 
event an eanal percentage of such monthly payments shall he 
made to each pensioner or beneficiary thereof until said fund 
shall be ren^enished to warrant the payment in full to each of 
such beneficiaries. 

925 — 52r.- (Ch. 671, 1907.) 
Pensions after twenty-two years service: limitations. 

Section 925— 52r. Any member of the police department O'f 
any such city after having served twenty-two years or more 
in such department, may make application to said board to be 
4 



50 GENERAL CHARTER LAW OF WISCONSIN. 

retired from &iiej:i department, or, lie may be retired by the said 
board of its own motion; in either of Avliich cases the said 
boiard shall order and direct that such member shall be paid 
a monthly jiension of a sum equal to one-half of the monthly 
compensation allowed such member as salary at the date of his 
retirement; or if any member shall he discharged after serv- 
ing twenty-two years or more, the said board shall order or 
direct that such person shall be pa'd a monthly pension equal 
to one-half the monthly compensation allowed to such member 
as salary at the date of his discharge. The said board, upon 
the recommendation of the chief of police, shall have the power 
to assign any member retired or drawing pension to the per- 
formance of light duties in such department where in their 
judgment it shall be advisable. No person shall be entitled to 
receive any benefit from any such pension fund other than that 
prescribed by this act ; and in no event shall any allowance be 
paid any widow after her re-marriage, or to any minor child 
after it attains the age of sixteen years. 

925 — 52s. (Ch. 671, 1907.) 

Pensions exempt from legal process. Section 925^52s- 
No sum of money due or to become due to any pensioner under 
this act shall be liable to attachment, levy or seizure by or 
under any legal or equitable process whatever, whether the 
same remains with the city treasurer or his agent, or is in 
course of transmission to the pensioner entitled thereto, or is 
in the possession of the pensioner, but shall inure wholly to the 
benefit of such pensioner. 

925 — 52t. (Ch. 671, 1907.) 

Witness; attendance; clerk hire; printing. Section 925 
— 52t. Said boards herein provided for shall in addition to 
other powers herein granted, have power to compel witnesses 
to attend and testify before it upon ail matters connected with 
the operation of this act n the same manner as is or may be 
provided by law for the taldng of testimony before notaries 
public ; and its president or any member of said board may ad- 
minister oaths to such witnesses. The said board shall have 
power to appoint a clerk and shall provide for the payment of 
all its necessary expenses, including clerk hire and printing, 
from said funds, provided that, no compensation or emolument 
shall be paid to any member of said board for any duty re- 
iquired or performed under this act. 



GENERAL CHARTER LAW OF WISCONSIN. 51 

925 — 52u. ('Ch. 671, 1907.) 
Old pension funds ; transfer. Section 925 — 52u. In all 

cities of the second or third classes having paid police depart- 
ments, in which prior to the passage of this act a pension fund 
has been created under existing laws, and pursuant to which 
laws moneys have been collected and are now held by the proper 
officers of any such policemen's pension fund, all such funds 
e.'ther iii money or securities shall, immediately upon the pas- 
sage of this act, be paid over and transferred °to the proper 
officers mentioned and provided for in this act, who shall have 
power to receive, sue for, and collect the same ; and such funds 
shall be devoted to the purposes herein , mentioned and pre- 
scribed. All pensions heretofore provided for in cities of the 
eecond, third or fourth class by the officers of board of any 
such polx'emen's pension fund shall be continued pursuant to 
the provisirms of law existing at the time such pensions were 
ordered and provided for. Any pending or ungranted claim 
heretofore existing or made for a pension on or out of any 
policemen's pensicin fund heretofore existing, is hereby con- 
tinued, and if established or allowed, shall be paid out of the 
fund herein provided, for pursuant to the provisions of law 
existing at the time such claim arose. 

92 5 — 52v. (Ch. 671, 19070 

Scope of act. Section 925 — ^52v. The provisions of this 
act shall be amendatory of the charters of all cities of the 
second or third class in this state, and any provisions in any 
such charters in conflict herewith are hereby superceded, and 
the provisions of any act or law now in force 6r effect so far 
as they conflict with the provisions of this act are repealed; 
provided, however, that this act shall in no way affect or apply 
io the provisions of any act or law in reference to another 
department in any of said c"ties. 

925 — 53. 

Officers' accounts. Section 925—53. The council shall 
exa.mine and adjust the accounts of the clerk, treasurer and 
all other officers or agents of the city after the same shall have 
been audited by the comptroller. 

925 — 54. 

Corporate authority. Section 925—54. The corporate au- 
thority of the city shall be vested in the mayor and common 
council. 



52 GENERAL CHARTER LAW OF WISCONSIN. 



Chapter VIII. Actions, Appeals, Bonds, Sureties. 

925 — 55. 

How actions brought. Section 925 — 55. All actions 
brought to recoA'er any penalty or forfeiture or for the punish- 
ment of any offender for the violation of the ordinances or by- 
laws made by the council shall be brought in the corporate 
name of the city. 

925 — 56. 

Judgment; costs; imprisonment. Section 925 — 56. In 
case of convictions in actions brought or prosecuted to recover 
a penalty under any of the provisions of this chapter, to recover 
a penalty or forfeiture or to impose a punishment for a vio- 
lation of any of the ordinances, regulations or by-laws of such 
city, the court shall enter judgment for such fine, penalty or 
forfeiture, together with the costs of prosecution, against the 
defendant ; and shall also enter a judgment that he be im- 
prisoned in the county jail, city jail or house of correction un- 
til such judgment be paid, not exceeding, however, the term 
of six months, and shall forthwith commit him accordingly. In 
cases where the defendant is adjudged to be punished by im- 
prisonment the court shall also render judgment that he pay the 
costs of prosecution and be imprisrned until such costs are paid, 
but the court shall limit such additional term of imprisonment 
in its discretion, in no case to exceed six months. 

925 — 57. 

Appeals. Section 925 — 57. Any person aggrieved by the 
judgment of the court imposing a fine, penalty, forfeiture or 
imprisonment may appeal to the circuit court of the proper 
county in the same manner in which offenders may. under the 
general law, appeal from the judgments of justices of the peace 
in actions where the state is plaintiff; provided, that this sec- 
tion shall not apply to appeals from municipal courts where an 
appeal may be taken directly to the supreme court. 

925 — 58. (Ch. 663, 1907.) 
Claims against cities under general law; tort cases. 

Section 925 — 58. No action shall be maintained by any per- 
son against any city organized under the provisions of this 
chapter upon any claim or demand of any kind or character 
whatsoever, until he shall have first presented his claim or 



GENERAL CHARTER LAW OF WISCONSIN. 53 

demand to the eouncil for allowance and the same shall have 
been disallowed in whole or in part; provided, that the failure 
to pass npon such claim or demand wdthin sixty days after its 
presentation shall be deemed a disallowance thereof; provided 
further that on appeal from the ddsalloivance in ichoh or in part 
of any claim or demand founded upon tort or bond shall he 
required to perfect the appeal. 

925 — 59. 

Action of council final. Section 925 — 59. The determin- 
ation of the council disallcwing in whole or- in part any claim 
shall be final and conclusive and a bar to any action in any 
court founded on such claim, unless an appeal be taken from 
such determination as in this chapter provided. 

925 — 60. 

Appeals, how taken; costs. Section 925 — ^60. When- 
ever any claim against a city organized under the previsions 
of this chapter shall be disallowed in whole or in part by the 
council the claimant may appeal from the decision disallowing 
said claim to the circuit court of the county in which such city 
or some part thereof is situated by causing a written notice of 
appeal to be served on the clerk of such city within twenty daj^s 
after the disallowance of such claim, and b}-. executing a bond 
to the city in the sum of one hundred and fifty dollars, with 
two sureties to be approved by the city clerk, conditioned for 
the faithful prosecution of such appeal and payment of all 
costs that shall be adjudged against the appellant. The clerk, 
in case such appeal is taken, shall make a brief statment of the 
proeeed'ngs had in the case before the council with its decision 
thereon, and shall transmit the same, together with all the papers 
in the case, to the clerk of the circuit court. Such appeal shall 
be taken, tried and determined in the same manner as cases 
originally commenced in said court ; i^rovided, however, that 
whenever an appeal is taken from the allowance made by the 
council upon any claim and the recovery upcn such appeal shall 
not exceed the amount allowed, exclusive of interest upon such 
allowance, the appellant shall pay the ccvsts of appeal, which 
^jhall be deducted from the amount of the recovery; and when 
the cost exceed the sum recovered judgment shall be rendered 
against the appellant for the amount of such excess. 



54 GENERAL CHARTER LAW OF WISCONBIN. 



Chapter IX. — The Police Court. 

925 — ^-61. (Ch. 223, 1905.) 

Effect of section — Police justice. Section 925 — 61. Ip 
every city which f-:hall adopt this chapter for its government and 
which shall at the time of such adoption have a court or judge, 
by whatsoever name or title snch court or judge shall be called, 
having the juri^xliction herein conferred upon police courts, the 
jurisdiction and procedure of such court or judge shall continue 
unaffected by this chapter until such court or the office of such 
judge shall be abolished, and in the meantime no police justice 
shall be elected and no police court established in such city under 
this chapter. In every other city governed by this chapter a 
police justice shall be elected every fourth year as other city 
officers are elected; his term of office shall commxCnce the first 
day of l\Iay succeeding his election and continue for four years 
and until his !«aicces?>or shall have qualified; provided, that in 
cities of the third and fourth classes the council may, by ordin- 
ance, abolish the police court there'n, and thereupon the juris- 
diction herein conferred upon such court shall be exercised by 
the municipal couit or courts cf the city or county located in 
such city, if there be any such, and if there be none, then by the 
justices cf the peace of the city. 

92 5—62. 

His compensation — Clerk of court. vSection 925 — 62. In 
cities of the first class the council j^hall fix the salary of the 
pohce justice. In cities of the second, third and fo^irth classes 
it may, at its optirai, fix a salary for such justice which shall 
be in lieu of all fees and co ts. In every city of the first class 
the pr.lice justice may appoint a clerk, who shall keep the docket, 
reeoids and pai);Ms of the court and shall ])e paid such salary 
a'j the council may from time to time allow; but no change in 
the salary of the clerk shall take effect during the term of office 
of the judge in which it was made. Such clerk may administer 
oaths as well in the perf: rmance of his duties as in other cases. 

92 5 — 62a. (Ch. 8^, 1899.) 

Fees of cer-tain officers in certain cities having no police 
court. Section 925 — 62a. In cities of the second, third and 
fourih elasFes having no police court, the common council may 
fix and regulate from time to time the fees or compensation of 
officers and magistrates for services performed in all actions or 



General chakteb law of Wisconsin. 55 

prosecutions for any violation of the charter, ordinances or by- 
laws of the city and no greater fees or compensation than shall 
be so fixed shall be charged or recovered. 

925 — 63. 

Fees to officers in cities of first class. Section 925—63. 
In cities of the hrst class the police judge, the clerk of the police 
court and the police officers attending such court and serving 
its process shall receive no fees, and all costs collected in said 
court shall be paid into the city treasury and credited to the 
general fund. 

925^64. 

Name; when open. Section 925 — 64. The court held by 
the police justice shall be called the police court. It shall be 
open daily, Sundays and legal holidays excepted. 

925—65. 

Jurisdiction. Section 925 — 65. In cities of the first class 
the police court shall have jurisdiction to try and sentence all 
offenders against the ordinances of the city, to try all misde- 
meanors triable before a justice of the peace, to issue warrants 
for the apprehension of persons charged mth the commission of 
offenses not so triable, to examine such alleged offenders and 
commit or hold them to bail the same as a justice of the peace 
of the city might do but for this chapter. In cities of the sec- 
ond, third and fourth classes the police court shall have the 
civil and criminal jurisdiction of a justice of the peace within 
the limits of ^such city and exclusive jurisdiction of offenses 
against the ordinances of the city.* 

925 — 66. 

Justices no criminal jurisdiction. Section 925 — 66. No 
justice of the peace in any city wherein there shall be a police 
court under this chapter shall have any criminal jurisdiction of 
offenses committed in such city, nor any authority to issue war- 



* Jurisdict'on of police court extended. (Sec. 1, ch. 21, 1899.) 
There is hereby conferred upon the justice or judge of the police 
court in any city of the first class having a police court which 
is a court of record, the same powers in respect to the examination 
of persons in such city alleged to be insane, and the commitment of 
persons adjudged to be insane to the hospital or asylum, as is con- 
ferred by chapter 32 of the revised statutes upon the county judges 
in their respective counties. Such cases before said police judge or 
justice shall be conducted in accordance with the procedure prescribed 
by law in similar cases before county judges. 



56 GENERAL CHAETEE LAW OF WISCONSIN. 

rants fcT the apprehension of any alleged offender for an of- 
fense committed therein, nor to examine or commit or hold to 
bail any such offender charged with any crime or misdemeanor 
committed in said city. In case of the absence, sickness' or dis- 
ability of said police justice he may, by an order in writing to be 
filed in said court, appoint a justice of the peace or a court com- 
missioner in said city to discharge his dutiesi during such ab- 
sence, sickness or disability, and the person so appointed shall 
have all the powers of £iaid palice justice while administering 
such office. 

925—67. (Ch. 41, 1903.) 

Punishment. Section 925 — 67. Any person who is con- 
victed in the police court of the violation of any ordinance may 
be sentenced to punishment by fine or imprisonment or both, and 
any person so convicted or convicted therein of any misdemeanor 
may be sentenced to^ pay a fine and the costs of the prosecution 
or be imprisoned in the county jail or house of correction, in the 
alternative, and when proper facilities for that purpose shall 
exist in the jail or house of correction the court may order the 
priisoner to be kept at hard labor during the term of his im- 
prisonment, if he shall have the ability to labor. 

925 — 68. 

Docket. Section 925 — 68. There shall be kept in every 
police court a docket wherein shall be entered the substance of 
every complaint, date of the issjuance of the warrant and date 
and substance of the return thereof, the plea of the accused, 
the names of the witnesses, the names and verdict of the jury, 
if, any, and the judgment of the court. 

925 — 69. 

Complaint, warrant, execution, form of. Section 925— 
69. The following shall be sustantialiy the forms to be used in 
said court in cases of proGecutions for the violation of ordinances: 



Complaint. 

State of Wisconfin, ) ^^ 
_ City of . f '• 

In the police court of said city. 

A. B. complains on oath to the police court of the city of 

that C. P. did, as the deponent verily believes, on or about the 



General charter law of Wisconsin, 57 

■ day of -'='=—, A. D. 18—, at said city, violate an ordinance 

of said c'ty, to-wit: (here insert the title and date of the ordi- 
nance or the chapter and section of the general ordinances), in 
that he did then and there, contrary to said ordinance (here 
insert the act or omission complained of), wherefore the com- 
plainant prays thait i^aid C. D. be arrested and dealt with accord- 
ing to law, A. B., Complainant. 

Subscribed and sworn to before me this day of , 

A. D. 18—. 

E. F., Judge (or Clerk). 

Warrant. 

State of Wisconsin, ) 

c:ty of — . r'- 

In the prli'ce court of said city. 
The state of Wisconsin to the chief of police or any police officer 
of the said citv, or the sheriff or any constiable of the county 

of : " 

You are hereby commanded to arrest and bring before said 
court as soon as may be, and safely keep subject to the order ot 
said court, the body of C. D., charged with violating one of the 

ordinances of the c:ty of — . 

Dated . ' E. F., Judge (or Clerk). 



State of Wisconsin, } 
C;ty of . f 



Execution. 

ss. 



In the police court of said city. 
The state of AVisconsin to the chief of police or any police officer 
of said city, or to the sheriff or any constable of the county 

of , and to the keeper of the common jail of said 

coimty. Greeting : 

Whereas, the said city of , on the day of, A. D, 

18 — , recovered a judgment in the court above named against 

for the sum of dollars and • cents and 

for the coGts of suit, amounting to the sum of dollars and 

cenlSi, for the violation of (here insert the number, title and 



date of the ordinance or the chapter and section of the general 

ordinances), in that he did, on the day of , 18 — , at 

the said city (insert the act complained of). You are hereby 
commanded to levy distress of the goods and chattels of said 



58 GENERAL CHARTER LAW OF \?lSCONSiN. 

— -.^-»,^ exceptmg such as the law exempts, and make sale 



thereof according to law to the amount of said sums, together 
with your fees and twenty-five cents for this writ, and the same 
return to me in thirty days, and for want of such goods and 

chattels whereon to levy to take the body of said 

and him convey and deliver to the keeper of the common jail in 
co'unty, and the said keeper is hereby commanded tb re- 
ceive, keep in custody in said jail the said for the 

term of unless the said judgment, together with all the 

costs and fees, are sooner paid or he is discharged by due course 
of law. 

Given under my hand this da.y of , 18 — . 

— ^ Judge (or Clerk). 

The form of commitment shall be substantially the same as 
that of the execution, omitting all that relates to the levy and 
sale and return of the writ. 

925 — 70. 

Juries, how selected. Section 925 — 70. In cities of the 
first class whenever any accused person shall demand a trial by 
jury in said court the judge shall direct the officer in attendance 
or some ether su'tal^le person to prepare a list of twenty-four 
qualified jurors, and the prosecuting officer or some person de- 
signated by the court for that purpose on one part and the ac- 
cused or his counsel on the other shall each strike off six names, 
the prosecution striking off the first name and the defens;e the 
second and so on alternately, and the remaining twelve shall 
thereupon be summoned and shall serve as jurors. In cities of 
the second, thir'd and fourth cla,?ses the jury shall be selected in 
the same manner as in justice courts in criminal cases. The 
venire may be in the following form: 

State of Wisconsin, ) 
City of ^. \ ''■ 

In the police court of said city. 
The state of Wisconsin to (here insert the names of jurors) : 

You are hereby summimed and required to attend said court 
forthwith to serve as jurors therein in an action there pending, 

wherein the is plaintiff and CD. defendant. Hereof fail 

not at your peril. 

Dated . E. F., Judge (or Clerk). 

If any juror or jnrors named in the venire shall not be found 
or shall be unable to serve a talesman or talesmen shall be called, 
and if qualified shall take the place on the jury of such juror or 



GENEBAL CHARTER LAW OF WISCONSIN. 59 

jurors ; provided, tliat either party shall have a right to challenge 
such talesmen for cause and at least two talesmen peremptorily. 

925—71. 

Costs. JSection 925 — 71. The costs taxable in the police 
courts shall be the same as in justice courts for similar services, 
and in cities of the second, third and fourth classes such costs 
shall be paid to the judge and the oiScers earning them respec- 
tively, unless such judge or officers shall be paid a salary, m 
which case such costs shall be paid into the city treasury. 



Chapter X. — Fire Department. 

925—72. 

Organization and support of. Section 925 — 72. In every 
city governed by this chapter, not having a paid fire department, 
it shall be competent for the council to provide by ordinance 
for the organization and management of volunteer fire com- 
panies, and to appropriate from the general fund such sums as 
shall be deemed requisite for the aid of such companies in pro- 
curing apparatus and outfit and maintaining and housing the 
same, arid to provide by ordinance for the appointment of a chief 
engineer, fix his term of office, designate his authority, and fix 
suitable penalties for the violation of any of the provisions of 
such ordinances. 

925 — 73. 

Fire limits. Section 925 — 73. In every city so governed 
the council may designate fire limits within which no buildings 
having wooden outside walls shall be constructed or repaired so 
as to increase their value beyond a percentage to be fixed in the 
ordinance, and may by ordinance prescribe special fire limits 
within the general fire limits, within which special fire limits 
they may require such building material to be used and such 
additional precautions to be observed, both in the construction 
of new buildings and the repairing and maintenance of existing 
buildings as they may from time to time designate, for the pre- 
vention of fires and the spread and communication thereof, and 
provide any proper remedy for the enforcement of such ordi- 
nances or any particular provision thereof, and to that end they 
may provide for the appointment of a building inspector, desig- 
nate his authority, fix his term of office and compensation. 



60 GENERAL CHABTER LAW OF WISCONSIN. 

925—74. 

Paid department. Section 925 — 74. It skall be competent 
for the council of every city to provide by ordinance for the es- 
tablishment or continuance of a paid fire department to be en- 
tirely under the control of the city government, and maintain it 
at the sole expense of the city, for the appointment of a chief 
engineer of the fire department and as 'many assistants as may 
be deemed necessary and fix their salaries, and for the ap|:)oint- 
ment and compensation of as many firemen as shall from time to 
time be necessary. 

925—75. ' 

Apparatus, engine-house, signals, etc. Section D25 — 75. 
In every city governed by this chapter in which a paid fire de- 
partment shall have been established, either under this chapter 
or before its adoption, it shall be competent for the council to 
provide for the purchase and maintenance of all necessary fire- 
engines and apparatus for the extinction or prevention of fires, 
for the construction and maintenance of all necessary engine- 
houses and fire stations, fire alarms, fire signals, telegraph or tele- 
phones, and for the me of all known means of extinguishing or 
preventing fires, and appropriate the necessary sums for carry- 
ing the foregoing provisions into efi^ect. 

925 — 76. 

Fire account. Section 925 — 76. In every such city the city 
treasurer shall keep a separate account with the general fund, 
to be called the fire account, in which shall be entered all dis- 
bursements for or on account of the fire department and all ap- 
propriations made and taxes collected for its use. 

925 — 77. 

Relief fund. Section 925 — 77. The counc'l may establish 
a fund for the relief of firemen injured in the discharge of their 
duties, and for the relief of the families of firemen who may 
lose their lives in the discharge of their duties or in consequence 
thereof, and provide for the management and distribution of 
such fund or the proceeds thereof, and require all active firemen 
to contribute not to exceed two per cent, of their wages to said 
fund. 



GENERAL CHARTER LAW OF WISCONSIN. 61 



Chapter XL — The Board of Public Works. 

925 — 78. 

Organization and terms. Section 925 — 78. There shall be 
a department known as the board of public works to consist of 
three commissioners. In cities of the first and second classes the 
commissioners shall be appointed by the mayor and confirmed 
by the council at their first regular meeting or as soon thereafter 
as may be. The members of the first board shall hold their offices 
one, two and three years respectively, and thereafter for three 
years or until their successors are qualified. In all other cities 
the board shall consist of the city attorney, city comptroller and 
city engineer or surveyor; provided, that the council, by a two- 
thirds vote, may determine that the board of public works shall 
consist of other public officers or persons and provide for the 
election or appointment of the members thereof, or it may, by a 
like vote, dispense with such board, in which case its dut"es and 
powers shall be exercised bv the council or a committee thereof, 
or by such officers or boards as the council shall designate. 

925 — 79. ' - 

Officers. Section 925 — 79. The members of the board of 
public works shall, on the first Tuesday -in May of each year 
choose a president of the board from their number, and in cit^'es 
of the first class a secretary ; in other cities the city clerk shall 
be the secretary of the board by virtue of his office. 

925—80. 

City engineer. Section 925— 80. In cities of the first class 
the mayor Avith the approval of the council shall appoint some 
competent person as enoineer, whose term of office shall continue 
for one year and until his successor is qualified unless he shall be 
sooner removed for cause. The engineer shall keep his office in 
some convenient place to be designated by the council, aud it 
shall be his duty to do all engineerino: work required by said 
council or the board of public works. He shall possess the same 
powers to make surveys and plats with"n the city as county 
surveyors; aud like validity and effect shall be given to his acts 
and to all plats and surveys made by him as are or may be given 
to the acts, plats and surveys of county surveyors. 

925—81. 

Engineer's records and report. Section 925—81. In cities 
of the fi_rst Glass the engineer .shall keep on file in Ms office, and 



62 GENERAL CHARTER LAW OF WISCONSIN. 

in all other cities in the office cf the city clerk, a record of all 
his official acts and doings and*also a copy of all plats of lots, 
blocks and sewers embraced witliin the city limits, all profiles 
of streets, alleys and sewers and of the grades thereof, and of 
all drafts and plans relating to bridges and harbors and of miy 
bnilding.s belonging to the city; and shall at the same place keep 
a record of the location of all bench marks and permanent corner 
stakes from which snbseqnent surveys shall be -started; which 
said records and documents shall l)e the property of the city and 
open to the inspectitvn of parties interested, and shall be deliv- 
ered OA^er by said engineer to his successor or to the board of 
public works. In cities of the first class on the last Tuesday in 
IMarch of each year, and in all other cities whenever requested, 
the engineer shall make a report of all doings of his department 
to the l)oard of public works. 

925 — 82. 

Compensation of board. Section 925 — 82. The commis- 
sioners of public works in citit^s of the first class shall be each 
paid an annual salary to be fixed by the council before their 
appointment and at the time other salaries are fixed under this 
chapter; in all other cities tlie salaries of the attorney, comp- 
troller and engineer respectively shall be in full for their serv- 
ices as members of such board. 

925 — 83. 

Oath and bond in cities of first class. Section 925 — 83. 
In cities of the first class each member of the board of public 
works shall, -before entering upon the duties of his office, take ai* 
ciath of office and file the same in the office of the city clerk, and 
give a bond to the city with sufficient sureties, in such form and 
sum as the council may direct, for the faithful performance of 
his duties. 

925 — 84. 

Rules for board. Section 925 — 84. The council may make 
such rules from time to time as they may deem proper, not con- 
travening any of the provisions of this chapter, for the gov- 
ernment of the board of public works and the manner in which 
the business of said board shall be conducted. 

925 — 85. 

Quorum; record; report. Section 925 — 85. A majority of 
the board shall constitute a quorum for doing business. They 



GENERAL CHARTER LAW OF WISCONSIN. 63 

shall keep a record of. all their proeeediiigs, which shall be open 
at all reasonable times to the inspection of any elector of such 
city, and shall make a report to the council on or before the first 
day of March in each year, and oftener if required. 

925 — 86. 

Duties. Section 925 — 86. It shall be the duty of the board 
under the direct" on of the council, to superintend all public 
works and keep the streets, alleys, sewers and public works and 
places in repair. 

925—87. 

Care of school buildings. Section 925 — 87. In cities of 
the first and second classes all repairs and altera-tions of school 
buildings and premises shall be under the charge of the board 
of public works, and in other cities under the charge of the 
board of education ; but such repairs or alterations, except or- 
dinary repairs costing not more than two hundred dollars, shall 
first be approved by the council. 

925 — 88. 

Use of streets. Section 925 — 88. No building shall be 
moved through the streets or any obstruction be placed therein 
without a written permit therefor granted by the board of pub- 
lic works ; paid board shall determine the time and manner of 
using the streets for laying or changing water or gas pipes, or 
placing and maintaining electric light, telegraph and telephone 
poles therein; provided, that its decision in this regard may be 
reviewed by the council. 

925 — 89. 

Repair of streets. Section 925 — 89. In case any corpora- 
tion CT individual shall neglect to repair or restore to its former 
cond'tion any street, alley or sidewalk excavated, altered or 
taken up, within the time and in the manner directed by the 
board- ?-aid board shall caure the same to be done at the expense 
of said corporation or individual. The expense thereof, when 
charoreable to a lot-owner, shall be certified to the city clerk by 
the board, and if not paid shall be carried into the tax roll as 
a special tax against the lot. 

925 — 90. 

Contracts, how let. Section 925—90. All public work, th^ 
estimated cost of which shall exceed two hundred dollars, shall 



64 GENERAL CHARTER LAW OF WISCONSIN. 

be let by contract to the lowest responsible bidder ; all other 
public work shall be let as the council may direct. When the 
work is directed to be let to the lowest responsible bidder or 
is required to be so let under the previsions of this section, the 
board of public works. or such officers as shall be designated to 
discharge its duties shall advertise for proposals by xDublishing 
a notice in the official newpaper at least once in each week for 
at least two successive weeks. Before such proposals are ad- 
vertised for a profile of the work to be done, together with the 
pipecifications, shall be placed on file for the inspection of bid- 
ders, and a form of contract Avith sureties, as the same will be 
required to be executed by bidders, shall be prepared and a copy 
of the same furnished to any perscn desiring to bid on the work. 
No bid shall be received when not accompanied hy a bond with 
sureties executed on the part of the bidder and such sureties, 
which sureties shall justify as to their responsibility and by their 
several affidavits show that they are worth in the aggregate at 
least the amount mentioned in the contract in property not by 
law exempt from execution ; provided, that a certified check in 
amount equal to five per cent, of the bid, and a provision in the 
contract for the retention by the city of twenty per cent of the 
estimates made from time to time, mav be accepted in place of 
sureties. The power to reject any and all bids shall be deemed 
to exist unless exp'resslv waived. When no proper bids shall 
be rece'vecl for any such work the council, by a two-thirds vote 
of all its members, mav direct that such work be done under the 
supervision of such officer or officers as it shall designate. 

925 — 90a. (Ch. 493, 1907.) 

Guaranty deDOsits with bids: certified check. Section 
925 — 90a. In all such cities wherein parties bidding on or sub- 
mitting proposals for doing public work, are required by law or 
ordinance to deposit a certain amount cf monev as a guaranty of 
flCrod faith, a certified check for the amount payable to the 
board of public works or other proper city officer, may be ac- 
cepted by said board in lieu of money. 

925 — 90b. (Ch. 417, ]009.) 

Cities; first c^ass: Contracts for improvements; ma- 
terials used; patented articles. Section 925 — 90b, When- 
ever in any city of the first class in this state, however incor- 
porated, any public work or improvement of any kind whatso- 
ever shall have been ordered to be done, whether such work is 
chargeable in whole or in part to mxoh city^ or to any ward or 



GENERAL CHARTER LAW OF AVISCOXSIN. 65 

wards- therein, or to any lot or lots or parcels of land therein, 
such public work or improvement may be done by the use of a 
patented article, material or process, in whole or in part, or in 
combinaticn with articles, materials, or processes not patented, 
and any bid accepted or contract let for such work or improve- 
ment shall be as valid and binding as if no patented article, ma- 
terial cr process had been used ; prcvided, however, said city shall 
hiave obtained from the owner of said patented article, materials 
or process, before advertising for bid-; thereon, a binding 
agreement to furnish to any contractor, desiring to bid upon 
such vrork as a whole, the right to use said patented article, ma- 
terials and processes in the construction of said work, and also 
to furnish to any contractor said patented article itself upon 
the payment of what the authorities of said city charged Avith 
the duty of letting a contract for such public work or improve- 
ment shall determine to be reasonable price therefor, which 
price shall be publicly stated and furnished upon application to 
any ecntra,ct! t desiring to bid on said work. 

925 — 90c. (Ch. 417, 1909.) 
Letting of contracts; kinds of material; bids. Section 

925 — 90c. Any such city at its option may, in providing for 
any such public work or improvement to be done, and before 
calling for bids thereon, through its proper authorities adopt 
different plans and specifications requiring the use of different 
kinds of materials for the proposed work or improvements to 
be made, whether patented or not, thereby bringing one kind 
of article, material or process in competition with one or more 
other kinds of articles, materials or processes designed to ac- 
complish the same general purpose, and call for bids for each 
such kind of article, material or process, and thereafter let a 
contract for one kind of article, material or process ; provided, 
that before any contract is let the bids received on all the differ- 
ent kinds of articles, materials or processes for which plans or 
specifications were prepared and upon which bids were called 
for shall be received, opened and considered before the kind 
of article or process to be used in such work or improvement 
shall be decided upon by the proper city authorities, and there- 
upon the proper city authorities shall first determine which kind 
of article, material or process shall be used in the work to be 
done, and thereafter and thereupon the contract shall be let to 
the lowest responsible bidder for the kind of article, material or 
process so selected for use in the proposed public work or im- 
provement. 



66 GENERAL CHARTER LAW OF AYISCONSIX. 

925 — 91. 

Incompetent bidders. Section 925 — 91. Whenever any 
bidder shall be, in the judgment of said board, incompetent or 
otherwise unreliable for the performance of the work on which 
he bids, the board shall report to the council a schedule of all 
the bids for such work, together with a recommendation to ac- 
cept the bid of the lowest responsible bidder, with their reasons; 
and thereupon the council may direct said board either to let 
the work to such competent and reliable bidder or to readvertise 
the same ; and the failure to let such contract to the lowest bid- 
der in compliance with this provision shall not invalidate such 
contract or any special assessment made to pay the liability 
incurred thereunder. 

925 — 92. 

Duty and liability of contractor. Section 925 — 92. All 
contractors doing any work which shall in any manner obstruct 
the streets or sidewalks shall put up and maintain barriers and 
lights' to prevent accidents, and be liable for all damages caused 
by failure so to do. All contracts shall contain a provision cov- 
ering this liability, and also a provision .making the contractor 
liable for all damages caused by the negligent digging up of 
streets, alleys or public grounds, or which may result from his 
carelessness in the prosecution of such work. 

925—93. 

Contracts, how executed. Section 925 — 93. All contracts 
shall be signed by the mayor and clerk unless otherwise pro- 
"\dded by resolution or ordinance ; provided, that no contract 
shall be executed on the part of the city until the comptroller 
shall have countersigned the same and made an indorsement 
thereon showing that sufficient funds are in the treasury to meet 
the expense thereof or that provision has been made to pay the 
liability that will accrue thereunder. 

925 — 94. 

Estimates ; deposit. Section 925 — 94. As the work under 
any contract progresses the board of public works, or such offi- 
cers as shall be designated to discharge its duties, may, from 
[time] to time, at their discretion, grant to the contractor an 
estimate of the amount and proportionate value of the work 
done, mthholding in all cases tvv^enty per cent, of said estimate 
which shall entitle the holder to receive the amount thereof, less 
such twenty per cent., from the proper fund. But all contracts 



GENERAL CHARTER LAW OF AYISCOXSIX. 67 

^hall ccntain a prcA^ision aiitliorizing such board, in case the 
work under such contract is not completed ^^ithin the time re- 
quired, to take charge of the work and finish it at the expense 
of the contractor and his sureties. In no case shall the deposit 
herein recjuired be returned to a successful bidder until the con- 
tract is performed; but it, together with the twenty per cent, 
retained as aforesaid, shall be used in whole or in part to com- 
plete the work. If any of the deposit or the retained twenty 
per cent, then remains it shall be paid to such defaulting con- 
tractor. 



Chapter XII. — Water-works and lighting. 

925 — 95. (Ch. 135, 1901.) 

Operation of lighting plant or water-works. Section 925 
— 95. In cities which own a lighting plant or water-works, or 
both, such lighting plant or water-works, or both, may be oper- 
ated under the direction of the board of public works or by a 
commission, to be determined by ordinance of the comn^on coun- 
cil, to consist of the mayor, three citizens, and one alderman to 
be appointed by the mayor. 

92 5 — 95a. (Ch. 135, 1901.) 

Election of commissioners. Section 925 — 95a. The com- 
mon council of an}^ city which shall have determined to have a 
commission as provided in the foregoing section shall, at the first 
regular meeting of the council thereafter, elect by ballot, by a 
majority, three citizens whose terms of office shall expire on the 
first Tuesday of October, one in the year of his election, one in 
the year following the year of his election, and one in the second 
year following the year of his election, and thereafter, at the ex- 
piration of the term of each commissioner, one shall be elected 
by the council each year on the first Tuesday of October for a 
term of three years and until his successor is elected and qual- 
ified. 

925 — 96. 

Power of council. Section 925 — 96. The eouncil shall have 
power to legislate on all matters with reference to the construc- 
tion], purchase, cperation, management and protection of water- 
works or lighting works for the city, not contravening the pro- 
\wons of this chapter, the constitution or laws of the state; 
provided, that all provisions relating to such works, except as 



68 GENERAL CHARTER LAW OF WISCONSIN. 

herein otherwise provided, shall be adopted by a vote of not less 
than three-fourths of all its members. 

925 — 97. 

Land may be acquired. Section 925 — 97. The city may 
acquire by purchase or otherwise, as specified in this chapter for 
acquiring real estate for the public use, such lands as may be 
necessary for the construction and operation of water-works to 
supply the c:ty and its inhabitants with water, or for the con- 
struction and operation of lightiug works to suj^ply it and them 
with electric or other lighting-; provided, that where the water- 
works or lighting works are owned by private persons or corpor- 
ations the expenses O'f acquiring such real estate shall be paid 
by such persons or corporations on a proper conveyance being 
made thereto of such real estate. 

92 5 — 97a. Repealed by Ch. 499. 1907. 

925 — 98. (Ch. 367, 1909.) 

Oities, under general law: waterworks; rates; collec- 
tion; indebtedness. Section 925 — 98. When cities own the 
water wcrks or lighting works the water rates or charges for 
lighting shall be collected by the treasurer and be first devoted 
to the expense of maintaining and operating the works, paying 
the principal and interest of any indebtedness created in the 
construction or purcJiase thereof, and the balance, if any, shall 
be paid into the general fund. The common council of every 
city which shall construct or own and operate lighting works 
or in:ter works to supply the city and its inhabitants with light 
or water may, by ordinance, fix the rates to be charged for light 
or water furnished the inhabitants thereof, and provide for the 
collection of the same either quarterly or semi-annually in ad- 
vance or otherwise provided, such rates, shall be uniform for like 
serwices in all parts of the city. The provisions of the next fol- 
lo^wing section shall apply to the listing and collection of unpaid 
rates or charges for light or water so furnished, so far as they 
are applicable. 

925 — 99. 
Penalty for non-payment; lien. Section 925 — 99. On the 

first day of January and July in each year the board of public 
works shall furnish the city treasurer with a list of all lots or 
parcels of real estate to which water has been furnished by the 
city during the precedirg six months and the amount due for 



GENERAL CHARTER LAW OF AYISCOXSIX. 69 

the same. If such amount is not paid within ten days there- 
after a penalty of ten per cent, shall be added and the treasurer 
shall proceed to collect the said dues with said penalty, together 
^^-ith five per cent, thereon for his fees. He shall have all the- 
authority in collecting said tax vested in him for the collection, 
of general city taxes. Said dues shall be a lien on the real estate 
to which the Avater was furnished from the time said list is placeE 
in the hands of said clerk, and all sums that 'have accrued during 
the preceding year and are not paid by the first day of Novem- 
ber in any year shall be reported by the treasurer to the clerk, 
who shall insert the same in the tax roll as a delinciuent tax 
against the property. All proceedings in relation to the collec- 
tion, return and sale of property for delincpient city taxes shall 
apply to said tax. 

925 — 99a. (Ch. 362, 1901.) 

Contract, how let. Sectiox 925 — 99a. After the council 
shall have ordered the laying of any water pipe, the board of 
public works, shall advertise for and receive bids to do the work 
so ordered, having first procured to be carefully prepared and 
put on file in the office of the board, for the examination and 
guidance of bidders, plans and specifications describing the 
work to be done and the kinds and qualities of materials to be 
used, as directed by the council, and shall let the contract to the 
lowest responsible and reliable bidder; provided, however, that 
the board shall have the right to reject all bids and readvertise 
for proposals if they believe none of the bidders are responsible 
or that any agTeement has been entered into between bidders 
to prevent competition; and prcvided further, that the contract 
shall not be binding until approved by the council and counter- 
signed by the comptroller. 

925 — 99b. (Ch. 362. 1901.) 

Work, how paid for. Sectiox 925 — 99b. Such contract 
may at the option cf the city, except as herein otherwise pro- 
vided, reciuire the contractor to receive as payment for so much 
of the work as has been assessed against the lots, tracts or par- 
cels of land, opposite to the front of which any water pipe shall 
extend certificates, against such lots, tracts or parcels of land, 
respectively, or improvement bonds, and the residue of such 
contract, shall be paid out of the water works fund, in the city 
treasury, and such certificates and bonds shall be issued and col- 
lected in the same manner as is now provided in sub-chapter 
18 cf chapter lOa. statutes of '1898, for issuing and collecting 
certificates and improvement bonds for street improvements. 



70 GENERAL CHARTER LAAY OF AYISCOXSIN. 

925 — 100. (Ch. 260, 1907.) 
Water pipes; laying of: assessment against lot owners. 

Section 925 — ^100. 1. Tlie board of public works, before lay- 
ing any water pipe along any street, alley or other line in said 
city, shall assess against the several lots, parts of lots or parcels 
of land vrhich may front or abut on the proposed line of water 
pipe, or vrhich may be contiguous to and used in connection with 
any such lot or parcel of land, such sum as such lot or parcel 
c:f land will be, in the judgment of said board, specially bene- 
fited by reason of laying such water pipe, not to exceed, how- 
ever, the amount prescribed in the next section ; 

One assessment. 2. No lot, parcel of land or part 
thereof shall l)e subjected to the payment of more than one 
assessment for water pipe laid in the same street or alley. 

Notice. 3. Before making such assessment they shall give 
notice by publication in the official city paper to the owners of 
such lots or parcels of the time when and place where they will 
meet to hear objections to the proposed assessment, and they 
shall make no assessment of benefits upon such lots, nor any ap- 
portionment of any part of the cost of laying such pipe between 
different lots, until after such hearing. The owner of any such 
lot may appear at such time and place and be heard upon the 
•question of assessment and apportionment. 

Cities 4th class. 4. In cities of the fourth class luherein a 
water-system was constructed and ivater pipes laid along the 
pul)lic streets, previous to the adoption of chapter 40a, statutes 
of 1898, hy said city for its government, entirely at the public 
expense; the common council may hy a majority vote of all the 
members tJiereof, cause ivatjer mains to he extended from such 
systeyn along the public streets and alleys as they may direct 
at the expense of such city, the same to he constructeel as other 
public worhs as provideel by such statutes. 

925 — 101. 

Basis of. on regular lots. Section 925 — 101. A regular 
lot (not corner) which may front or abut on the line of Avater 
pipe shall be assessed an amount equal to one-half of the cost, 
as estimated by said board, of furnishing and laying a regular 
minor water pipe of approved materials and manufacture with 
the required openings for connections with private service water 
pipes along the front of said lot. unless such board shall, after 



GENERAL CHARTER LAAY OF WISCONSIN. 71 

such hearing, diminish such assessment which, shall in no event 
exceed such half ; such minor pipe to be noi less than four nor 
more than six inches in diameter, as said board may determine. 
Every^ irregular lot, part of lot or other parcel of land fronting 
or abutting on such line of water pipe, and likewise any parcel 
of land or lot wliich shall be contiguous to any parcel of land or 
lot or part of lot so fronting or abutting, and which in the judg- 
ment of said board is or may be most advantageously used in 
connection therewith, shall be assessed for such water pipe the 
amount which in their judgment shall be as nearly as may be 
in just proportion to the amount assessed for regular lots as 
compared with the special benefits derived by each from the 
laying of said water pipe. 

925—102. 

On corner lots, etc. Section 925 — 102. Every corner lot 
and every lot, part of lot or parcel of land which may front or 
abut (11 more than one street on which it is i^roposed to lay a 
line of water pipe, shall be assessed for every such line of pipe ; 
but the aggregate of the assessments therefor ou any such lot or 
parcel of land shall be as nearly as may be in just proportion 
to the amount assessed for regular lots as compared mth the 
special benefits derived by them respectively from the laying of 
such water pipe ; and in making such assessment the board shall 
take into consideration the situation of such lot or parcel of land 
with respect to its different fronts, and all subdivisions thereof 
by sale, contract, use or occupation in severalty, and may assess 
subdivisions separately, and may also assess any subdivision of 
such lot or parcel of land in connection with any other part of 
such lot or other lot or land contiguous thereto and most ad- 
vantageously used in connection therewith. 

925 — 103. 

Apportionment if lot subdivided. Section 925 — 103. 
"Whenever any lot or parcel of land shall be subdivided by sale or 
contract or hy use or occupation in severalty, after the assess- 
ment of special benefits as herein provided, said board of public 
worKs may, after ascertaining such facts, at any time before the 
special assessment shall have been inserted in the tax roll, make 
an eciuitable apportionment of the benefit tax against such lot 
or parcel of land among the different subdivisions thereof. 

925 — 104. 

Reports of assessments; notice. Section 925 — 104. The 
said board of public works shall file reports of such assessments 



72 GENEEAL CHARTER LAW OP WISCONSIN. 

Avith the icomptroller in cities of the first class and ^^dth the city 
clerk in other cities, who shall record the same in a book kept 
for that purpose and give notice thereof to the parties interested 
by publishing the same once in each week for three successive 
weeks in the official paper. Any person feeling himself ag- 
grieved by the report of said board may, within twenty days, 
after the completion of the publication of notice by the comp- 
troller, apipeal from such report to the circuit court of the county 
in which the city or any part thereof is situated. Such appeal 
shall be taken and conducted in like manner and like security 
for costs shall be required as provided by law in cases of ap- 
peals from the decisions of the council of said city to said court 
on the return of assessment of benefits or street improvements.. 
Such appeal shall raise the sole question of the relative amount 
of the assessment as between different lots or parts of lots. In 
the making and signing of all reports or returns by said board 
to the comptroller or any other officer the official signature of 
the president and secretarv^ of said board shall be sufficient. 

925 — 105. (Ch. 362, 1901.) 

Report to comptroller; collection of assessments. Sec- 
tion 925 — 105. The said board of public works shall from time- 
to time make and file a report, "with the comptroller in cities of 
the first class and vdih the city clerk in all other cities, in time,, 
if practicable, to have the assessments due included in the tax 
roll for the current year, of all work done for which assessments 
shall have been made as hereinbefore provided, and the comp- 
troller in cities of the first class shall make certified returns 
of such assessments, based upon such report, to the city clerk 
in time to have the same included in such tax roll if it is prac- 
ticable to do so. Such assessments shall be entered on the tax 
roll in a separate column under the head of 'Svater pipe assess- 
ments, ' ' and the same shall be collected and the payment thereof 
enforced by sale, deed and other proceedings as is now provided 
by law in cases of assessments for street improvements, and 
if no certificates, or special improvement bonds have been issued 
on account thereof ; all such assessments and the proceeds there- 
of when so collected shall belong to the water works fund. 

925 — 106. (Ch. 287, 1909.) 

Water mains: expense. Section 925 — 106. The preceding 
provisions relating to the construction of water mains in whole 
or in part at the expense of abutting owners shall not apply ex- 
cept in cases where the city owns the w^orks ; and in cases where 



GENERAL CHARTER LAW OF WISCONSIN. 73 

the water-works are now owned c-r may hereafter be purchased 
by the city the extension of mains after such purchase shall be 
made at the expense of the city at large or at the expense of 
abbutting property as the council shall determine. 



Chapter XIII. — The Health Commissioner. 

925 — 107. 

Appointment of. Section 925 — 107. In every city gov- 
erned by this chapter the mayor shall, once in two years, nom- 
inate a regularly licensed physician as commissioner of public 
health; such commissioner shall hold his office for two years 
and until his successor shall be qualified. 

925 — 108. 

His duties. Section 925 — 108. The commissioner of public 
health shall have all the power and authority heretofore given 
or which may hereafter be given to boards of health by any 
general law, and it shall be his duty to provide such additional 
rules and regulations as shall be proper and necessary for the 
preservation of the health of the people of the city, to prevent 
the spread of contagious diseases and to cause the removal of 
all objects detrimental to the health of such people, and to en- 
force such rules and regulations as are hereinafter provided. 

925 — 109. 

Rules to be approved. Section 925 — 109. All rules and 
regulations prepared by said commissioner shall be by him re- 
ported to the council, and if the council shall approve the same 
by a vote of a majority of its members, such rules and regula- 
tions shall have the force and effect of ordinances, and the vio- 
lation thereof may be prosecuted and punished as in the case 
of ordinances. 

925 — 110. 

Recommendations. Section 925 — 110. The coimnissioner 
.of public health shall also, from time to time, recommend to the 
council such sanitary measures, to be executed at the public ex- 
pense, as shall seem to him to be necessary for the preservation 
of the public health. 

925 — 111. 

Salary; assistants. Section 925 — 111. It shall be the duty 
of the council to fix the salary of 'said commissioner, which shall 



7-1 GEXEKAL CHARTEE LAA¥ OF ^>^:ISC0NSIX. 

be paid out of the city treasury. The commissioner may ap- 
point, subject to confirmation by the mayor, such assistants as 
may be necessary, and all such appointees shall receive such sal- 
ary or compensation as the council may fix. 

92 5 — Ilia. 

Abatement of nuisances. Section 925 — Ilia. The com- 
missioner of public health or any person acting under him shall 
have authority to enter into and examine at any time all build- 
ings, lots and places of any description within the city for the 
purpose of ascertaining the condition thereof so far as the public 
health may be affected thereby, and any person refusing to allow 
entrance ilito or upon his premises at reasonable hours for such 
purpose shall, on conviction thereof, be fined not less than ten 
dollars nor more than one hundred dollars; and in all cases in 
which the commissioner shall deem it necessary for the protec^ 
tion of the health of the city to abate or remove any nuisance, 
source of filth or cause of sickness which shall be found on priv- 
ate property he shall oause a notice to be served on the owner 
or occupant thereof requiring him to remove the same at his 
own expense within a reasonable time, not less than twenty-four 
hours; and if said owner or O'ccupant shall refuse or neglect to 
oomply with such notice, or if such nuisance, source of filth or 
cause of sickness exist on the property of non-resident owners 
or upon property the owners of which cannot be found, the com- 
missioner shall cause the removal of such nuisance, source of 
fifth or cause of sickness under his direction at the expense of 
the city, and the cost thereof shall be charged against the lots, 
pieces or parcels of land upon which said work was done, and 
shall be assessed against said property in the manner provided 
for the assessment of other special taxes. The commissioner 
shall, in each year, certify to the tax commissioner or city clerk, 
in time for insertion in the tax roll, a certified list of all special 
taxes to be levied by reason of work done as herein required, 
and such certified list shall be prima facie evidence of the 
legality and regularity of said special taxes, and they shall 
be included in the list of such taxes in the tax roll of the city 
before delivery of the same to the city treasurer. 

925 — 111b. 

Physicians to report contagious diseases. Section 925 — 
lllh. It shall be the duty of every physician practicing in any 
city which has adopted this chapter to report in writing to the 
commissioner of public health every patient he shall have who is 



GEXEKAL CHAKTER LAAY OF AVISCOXSIN. 75 

sick with smallpox, scarlet fever, diphtheria, typhoid fever, 
Asiatic cholera or any other dangerous contagious disease within 
twenty-four hours after he shall ascertain or suspect the nature 
of such disease. These reports shall be in such form as may be 
prescribed by the state board of health, and shall state the name, 
sex, age and place cf residence of the person whose sickness is 
reported, the nature of the disease and such additional facts 
^s said board may prescribe. Any practicing physician who 
•shall refuse or neglect to perform the duties required of him 
hy this section or who shall make a false return of the facts re- 
quired shall be punished by a fine not less than twenty-five 
dollars nor more than one hundred dollars for each offense, or 
hy imprisonment in the county jail for a period not exceeding 
sixty days, or by both fine and imprisonment. 

925 — 112. 

Additional duties. Section 925 — 112. The connnissioner 
of public health shall also discharge such duties, not herein enum- 
erated, as may from time to time be imposed upon him by the 
council by ordinance or resolution, and shall make such reports 
to the state board of health and generally perform such duties 
as are or may be required of health officers by these statutes. 

925 — 112a. 
Duty of police and other officers. Section 925 — 112a. It 

shall be the duty of the members of the police force of the city 
and of all magistrates and other civil officers and all citizens to 
aid to the utmost of their power the commissioner of pubHc 
health in the discharge of his duties, and on his rec|uisition it 
shall be the duty of the chief of police to serve or detail one or 
more of the policemen to serv^e the notices issued by said com- 
missioner and to perform such other duties as he may require. 

Chapter XIV. — Schools. 

925 — 113. (Ch. 177, 1909.) 

School board: changing system and boundaries; certain 
cities. Section 925 — 113. 1. If in any city ether than of the 
first class which has adopted the general charter law, or which 
shall hereafter become incorporated under the provisions of sec- 
tion 925g, of the statutes., or which has adopted or which shall 
hereafter adopt sub-chapter XIY of chapter 40a. of the statutes, 
there shall be at the time of such adoption or incorporation a 
hoard of education or a school board elected by the people, or 
the ordinary school district system is in force, the plan of school 
organization and management shall continue until changed by 



76 GENERAL CHARTER LAW OF WISCONSIN. 

a majority vote of the electors of such school district or districts ; 
neither shall the adoption of the general charter or the act of 
incorporation under the provisions of section 925g operate to 
change or in any way affect the boundaries of any school district. 

2. If the district system is in force, the vote shall be taken at 
a special election, duly called, noticed and held as provided by 
law ; and if any city shall contain more than one school district, 
then the special electicn shall be held in each school district any 
part of which lies within the city limits, upon the same day and 
at the same hour, and the existing system shall not be changed 
L?nless a majority of the electors voting in each district at such 
spv^cial election shall vote in favor of such change. 

'j If a majority of the electors voting in each such district at 
audi special election shall vote in favor of such change, then 
such change of school system shall go into effect and be such as 
is provided for in said sub-chapter XIV and the school district 
boundaries shall, without further action, be changed so as to 
create one school district which shall include all the territory 
embraced within the limits of such city and each and all of 
those parts or portions of each such former district or districts 
lying outside of the limits of such city shall be attached to and 
connected with such city for school purposes ; such change of 
the school system and school district boundaries shall go into 
effect on the first day of March following such special election 
and not earlier, and the school district boards and district of- 
ficers existing at the time of holding such election shall con- 
tinue in office and shall have exclusive control of their respective 
schools and school properties until such change of school system 
and schocl district boundaries shall go into effect as hereinbe- 
fore provided and to the end of the then current school year, 
and on the first Monday of July following the date when such 
change of school system gees into effect each of said school boards 
shall settle their accounts with the board of education and shall 
deliver all property, papers and records of each of their respec- 
tive districts to said board of education. 

4. Immediately after the hcl cling of such special election in 
each such district, each school district boar's shall certify an^ 
return the results of such election to the clerk of each city and 
town within which any part of either of such district is located 
and if such change of school system is voted upon favorably in 
each such district, the clerk of each such municipality shall make 
a record in his office showing the change of such system and 
boundaries and the date when the same will go into effect. 

5. If the existing system of school organization is directed . 



GENERAL CHARTER LAW OF WISCONSIN. 77 

and controlled by a board of education or a school board either 
appointed or elected under the provisions of a special charter, 
such system can be changed by vote of the electors taken at a 
special election called and held pursuant to the provisions of 
such special charter governing special elections. 

6. If the existing system of school organization is directed 
and controlled by a board of education appointed by the mayor 
under the provisions of the general charter law, such system 
can be changed by a vote of the electors taken at a special elec- 
tion duly called and held pursuant to law. 

7. In all cases where the existing system or plan of school 
organization shall be changed under the provisions of this act, 
such change shall net go into effect until the close of the then 
current school year. 

8. In all cities governed by th's sub-chapter, the school shall 
be under the control of a board of education, which board ex- 
cept a-', provided in section 925 — ^^113n shall consist of one com- 
missioner from each ward and three from the city at large, to 
be appointed by the mayor and confirmed by the common coun- 
cil, or elected by the common council, if so determined by or- 
dinance. The mayor -n appointing or council in electing the 
first board shall divide the members into three classes as nearly 
equal as may l)e, one of the commissioners at large being in 
each class, and shall appoint those of one class for one year, 
those of another class for two years, and those of the remaining 
class for three years. Each commissioner shall hold his office 
for the term designated in such classification and until his suc- 
cessor shall have qualified ; thereafter all commissioners shall be 
appointed or elected and hold their offices for three years and 
until their successors shall have ciualified. 

925 — 113a. (Ch. 237, 1909.) 

Cities, 4tli class : changing school government. Section 
925 — 113a. 1. Upon the presentation of a resolution to the city 
clerk of any city of the fourth class now operating its schools 
Tuider the provisions of the general charter or a special charter, 
signed by thirty per cent, of the legal voters of such city school 
district, requesting a return to the ordinary district system of 
school government, and an annulment of that provision of the 
-charter under which the schools are now administered, it shall 
become the duty of the city council to submit this question to 
the electors of the city school district at a special election, duly 
<^called, noticed and held pursuant to law. 

2. And if a majority of the electors of the city school district 



78 GENERAL CHARTER LAAY OF AYISCONSIN. 

shall, at tlie special eleeticii duly held pursuaiit to the provisions 
of such special charter governing special elections or of the 
general charter, vote in favor of said change of school govern- 
ment, then thereafter the schools of such city school district 
shall be administered, maintained, and operated under the or- 
dinary district form of school government until changed by 
competent authority. 

3. In all cases vv^here the existing system or plan of school or- 
ganization shall be changed under the provisions of this act, 
such change shall not go into effect until the close of the current 
school year. 

925 — 113m. (Ch. 177, 1909.) 

Special election, adopting 92 5 — 113n. Section 925 — 
113m. At the special election mentioned in section 925 — 113, 
there shall be submitted to a vote of the electors of the several 
school districts the question, ''Shall the board of education be 
elected in accordance with section 925 — ^113nf" If a majority 
r,f all tile votes cast upon that cjuerstion at ywAi election shall be 
in the affirmat've, then the board of education shall be elected 
in accordance with the provisions of said section 925 — 113n at 
the spring election held in such city next after the time v/hen 
such change of school system and school district boundaries shall 
go into effect. * 

92 5 — 113n. (Ch. 177, 1909.) 
Board of education; members; election; notice; term; 

vacancy. Section 925 — 11 3n. 1. Yvhere the electors have 
decided in the affirmative under the ineeeding section, the 
board of education shall ct insist of seven commissioners 
elected at large from the territory of such cit3^. The 
members of such board shall be divided as nearly equal as may 
be into three classes. One class of three members shall be elec- 
ted for one year, one class of two members for two years, and 
those of the remaining class for three years. Such commissioners 
shall be elected at the annual spring election held in such 
city. The names of the candidates for the office of school com- 
missioner shall be printed upon a separate ballot under the 
title '^ school commissioners." 

2. At the annual spring election next after the time when the 
change of school system and school district boundaries shall go- 
into effect, there shall be elected seven commissioners to con- 
stitute the board of education for such school district. All 
qualified electors within such city shall be entitled to; vote for 
such commissioners at such election. 



GENERAL CHARTER LAAY OF WISCOXSIX. 79 

3. At the first election held for the office of school commis- 
sioner the two persons receiving the highest number of votes 
shall be elected for three years, the two receiving the next high- 
est number of votes shall be elected for two years, and the three 
receiving the next highest number of votes shall be elected for 
one year. Each elector voting at such first election shall be en- 
titled to vote for seven candidates. Thereafter such electors 
shall elect at each spring election commissioners for the term of 
three years. Each elector shall be entitled to vote for as many 
candidates as there are commissioners to be elected and tEe 
ones receiving the highest number of votes shall be elected. 

4. The votes cast at such election shall be canvassed and re- 
turn thereof certified to the common council. The common 
council sdiall canvass the returns of such election and shall de- 
clare' the ref:uit thereof as for city officers. 

5. The persons elected in accordance herewith shall constitute 
the board of education of such school district. The term of of- 
fice of each such commissioner shall commence on the first day 
of ]May following such election and each commissioner shall hold 
office until his successor is elected and qualified. Vacancies in 
such board of education shall be filled by appointment by the 
mayor of such city subject to the approval of the council. No- 
tices of election under this statute shall be given as in other elec- 
tions in said city. 

925 — 114. 

Annual meeting. Section 925 — IIJ:. The first meeting of 
the board each year shall be held on the first i\Ionday in May 
or as soon thereafter as may be. At such meeting the board 
shall elect one of its members president and another vice-pres- 
ident. The president ^hall preside and preserve order at every 
meeting of the board at which he shall be present, and perform 
such other duties as the board shall by rule, by-law or resolu- 
tion from time to time recpiire of him. It shall be the duty of 
the vice-president to discharge the duties of the president in 
his absence. 

925 — 115. 

Secretary and superintendent. Section 925 — 115. In 
cities of the first class the board of education shall, annually at 
its first meeting or as soon thereafter as may be, elect a secretary 
who shall not be a member of the board. In other cities the 
city clerk shall be ex officio secretary of the board. In cities 
not under the supervision of a county superintendent the board 



80 GENERAL CHARTER LAW OF WISCONSIN. 

shall, in like manner at such meeting or as soon thereafter as 
may be, elect a superintendent of schools for the city who shall 
not be a member of the board. These officers shall hold their 
respective offices for one year and until their successors shall 
have been elected, unless sooner removed by a resolution adopted 
by a vote of two-th'rds of the members of the board. 

925 — 116. 

Authority of board. Section 925 — 116. The board of edu- 
cation shall have authority: 

1. To establish and org-anize such high schools and so many 
district schools and branches of the same, primary schools, night 
schools and kindergartens as they shall deem expedient. 

2 To estal^lish and change from time to time such and so 
many .school districts as shall include all the territory of the city, 
and to afford to the people of the city such district school facil- 
ities as the circumstances of the city and its various parts may 
from time to time require ; provided, that in cities adopting this 
chapter or being newly organized under it the school districts 
already established shall remain until otherwise ordered by the 
board. 

3. To purchase and preserve such school apparatus as may 
from time to time be required. 

4. To grade the schools and prescribe the course of study to 
be pursued therein and the text-books to be used f provided, that 
such text-books shall not be changed oftener than once in five 
years 

5. To employ teachers of all grades and fix their salaries. 

6. To prescribe rules of order for the regulation of their own 
meetings and deliberations, and alter and repeal the same from 
time to time as they shall see proper. 

7. To appoint all necessary standing and special committees. 

8. To enact, amend and repeal all necessary rules, regulations 
and by-laws for the government of the schools, teachers and 
school officers. 

9. To fix the salaries and prescribe the duties of the superin- 
tendent of schools in cities not under the supervision of a county 
superintendent, to authorize him to appoint such assistant super- 
intendents, either for general or special service, as they may 
deem necessary, and fix the salaries of such assistants ; to fix the 
salary of the secretary of the board and his assistants ; prescribe 
his duties, whether he be the city clerk or one specially elected 
by the board, and in the latter case to authorize such sec- 
retary to appoint such assistants as they may deem necessary. 



GENERAL CHARTER LAAY OF AYISCONSIX. 81 

10. To contract for and purchase all neeessaiy fuel for the 
schools and school offices, provide for lightnig the same, aj)pomt 
janitors for the school buildings and school offices and fix their 
salaries. 

11. To estimate the expenses of the public schools as herein- 
after provided. 

12. To exercise all the powers necessarily incident to the pow- 
ers herein conferred. 

925 — 117. 

Monthly and special meetings. Section 925^117. It 
shall be the duty of said beard to hold monthly meetings at 
-such times as it shall from time to time prescribe ; special meet- 
ings may be held under such rules and regulations as the board 
may fix. 

925 — 118. 

School buildings ; office for board. Section 925 — 118. It 
shall be the duty of the board of public works, except as pro- 
vided in section 925 — 87, under the direction of the council, to 
erect and keep, in repair all school buildings, and to provide 
suitable offices for the board of education and its secretary, 
if there be one other than the city clerk, and the city superin- 
tendent of schools, if any. In the absence of permanent school 
buildings, or proper offices for the transaction of school busi- 
ness, the board of public works may rent suitable rooms, 'ieni- 
porarily, for schools or offices or either. 

925 — 118a. (Ch. 191, 1909.) 

Cities, 3rd and 4th class: school buildings; sites; con- 
struction; contracts. Section 925 — 118a. In all cities of the 
third cnid fouriJi class the expenditure of all sums of money 
appropriated for the purchase of a school site, or sites, or for 
the erection, enlargement, alteration, or repair of school build- 
ings and for the maintenance of schools, shall be under the di- 
rection and authority of the board of education. Whenever the 
estimated cost of the buildings to be erected, enlarged, altere'd, 
or repaired exceeds one thousand dollars, the board of education 
shall make, or cause to be made, plans and specifications setting 
forth clearly and in detail the work to be done and the material 
to be used and an estimate of the cost of the same. After these 
plans and estimates have been adopted by the board and ap- 
proved by the common council said board shall give at least 
ten days' notice by advertisement in the official city paper, or in 
6 



82 GENEEAL CHARTER LAAV OF WISCONSIN. 

one designated by the common council, of the reception of bids 
for the execution of the proposed work. 

All bids must be sealed and accompanied by a satisfactory 
bond in such sum as may be designated in the advertisement for 
bids, signed by the bidder and two or more sureties, who shall 
be residents of this state, and who shall justify as to their re- 
sponsibility and by their several affidavits show that they are 
worth in the aggregate at least double the amount of the bond 
in property not by law exempt from execution in this state, or 
by a bond of a surety company duly licensed to transact busi- 
ness in this state, such bond and sureties to be approved by the 
board previous to the opening of the accompanying bids or pro- 
posals, and shall be conditioned that the bidder will enter into a 
contract with the required sureties, for the price mentioned in 
his proposal and according to the plans and specifications on 
file, in case the contract shall be awarded to him; and in case' 
cf failure on his part to execute a contract with satisfactory 
sureties, said bond shall.be prosecuted in the name of said city 
and judgment recovered thereon for the full amount' of the pen- 
alty thereof as liquidated damages, in any court having juris- 
diction of the action, unless the common council shall by resolu- 
tion direct that no action be commenced; provided that a certi- 
fied check for not less than five per cent, of the estimated cost 
of said proposed work may be received by said board in lieu 
of the bond hereinbefore provided for. The power to reject 
any and all bids shall be deemed to exist unless expressly 
waived. 

All contracts entered into under this provision shall be let 
to the lowest bidder, except as hereinafter provided. When- 
ever the lowest bid for any work to be let hy the board shall 
exceed the estimates, or seem to said board to be unreasonably 
high, the board is authorized to reject all bids and to re-adver- 
tise the work anew; or whenever no proper bids shall be re- 
ceived, or whenever the lowest bid exceeds the estimate, or the 
lowest bidder shall be in the judgment of said board incom- 
petent, or otherwise unreliable for the performance of the work 
for which he bids, the said board shall report to the common 
council a schedule of all the bids received together with such 
recommendations as the board shall choose to make with their 
reasons therefor, and the common council may authorize the 
board to let the work to the lowest competent and reliable bid- 
der ; or the council by vote of two-thirds of all its members may 
authorize the board to have the work done under the supervision 
of such person or persons as the board may designate. 



GEXERA'L CHARTER LAAY OF WISCOXSI::. 83 

A written or printed contract shall be entered into for the 
completion of the work with a bond in such sum as the board 
may designate for its full performance. Said bond shall be ex- 
ecuted by two or more sureties for the contractor, guarantee- 
ing to the satrsfaction of said beard the perfcrmance of such 
contract by the contractor under the supervision and to the 
satisfaction of said board, each of which sureties shall make 
affidavit that he is a resident of the state of Wisconsin, and 
that he is the owner of real estate in the state of Wisconsin, 
free from incumbrances, subject to execution, of a cash value 
equal to the penal sum of cuch bond, and that he is worth the 
estimated amount of money to be paid on such contract, over 
and above all his debts and liabilities, in property in this state 
subject to execution, or by a bond of a surety compam- duly 
licensed to do business in this state. 

The said board shall reserve in every contract the right to 
determine finally the performance of such cr-ntract, or doing of 
the work specified therein; and the right, in case of imprpper 
or imperfect performance thereof, to suspend such work at any 
time; or to order the entire reconstruction of the same, if im- 
pr* perly done, or to relet the same to some other competent 
party; and also the right, in case such work shall not be prose- 
cuted with such diligence and with such number of men, as to 
insure its completion within the time limited by the contract, 
to suspend such work and to relet the same to some other com- 
petent party, or to employ men and secure material for the 
completion of the same, and charge the cost to the contractor. 

And power is hereby given to the said board to adjust and 
determine all questions as to the amount earned under any con- 
tract by the contractor or contractors, according to the true 
intent and meaning of the contract : such adjustment and deter- 
mination by said board shall be reported by the board to the 
common council, and when approved by said council shall be 
final between the parties and binding upon them. If the 
amount of damages to be paid to the city shall exceed the 
amount due from the city to the contractor, or contractors, ac- 
cording to such determination and adjustment, then the differ- 
ence, or balance in favor of the city, according to such deter- 
mination and adjustment, shall be recoverable by law in an ac- 
tion in the name of the city against such contractor, or con- 
tractors, and their surities in any court having jurisdiction. 

Every contract with the city shall also c "itain a covenant or 
agreement on the part of the contractor or his sureties, that in 
case such contractor shall fail to fully complete and perform 



84 GENERAL CHARTER LAW OF WISCONSIN. 

such contract within the time therein limited for the perform- 
ance thereof, such contractor shall pay to the city as liquidated 
damages for such default, a certain and definite sum for each 
day's delay in completing the contract, after the time therein 
limited for its completion, which daily sum shall be determined 
and fixed by said board before the contract for the work shall 
be let and shall be stated in the advertisement for proposals 
for the work, and shall be inserted in the contract, and shall in 
no case be less than one-half of one per cent, of the aggTcgate 
cost of the work embraced in said contract. 

Payments may be made at intervals as the work progresses, 
but no more than eighty per cent, of the value of the work ac- 
tually dene and material furnished shall be paid at any time 
before the entire completion of the work. 

The board of education shall have authority to employ a com- 
petent person, or persons, for the supervision of the work. 

In any city of the third and fourth class the common council 
may adopt this subsection as provided in section 926, chapter 
40b, statutes of 1898. 

925 — 119. (Ch. 186, 1899.) 

Estimate of expenses. Section 925 — 119. The board of 
education shall prior to the first day of March each year make 
an estimate of the expenses of the public schools for the ensu- 
ing year, including all necessary incidental expenses and the 
amount thereof which it will be necessary to raise by city taxa- 
tion and certify the same to the city clerk who shall lay the same 
before the common council at the first regular meeting thereof 
in March. It shall be the duty of the common council to con- 
sider such estimate and by resolution duly adopted prior to the 
first day of April, determine the amount to be raised by city 
taxation for school purposes for the ensuing year, which amount 
so fixed shall be included in the annual budget to be raised by 
a tax called the city school tax, which shall be collected the same 
as other taxes. It shall be the duty of the city treasurer to 
set aside and keep all moneys raised in any way for school pur- 
poses, whether by the state, the county or the city, coming into 
his funds in a separate fund to be called the school fund, anci 
to pay out the same upon the orders of the board of education, 
signed by its president and certified by its secretary; provided 
that teachers' and janitors' salaries may be included in a 
single order each month in the form of a pay roll to be signed 
and certified as aforesaid; provided further, that in any city 
adopting this chapter, if at the time of such adoption the board 



GENERAL CHARTER LAAY OF WISCONSIN. 85 

oi' education or school board shall have power to levy the city 
school tax or the district school taxes, such power shall continue 
unaffected by this chapter, and this section shall not apply to 
such city nor be in force therein until specially adopted by a 
vote of three-fourths cf the members of the council. 

92 5 — 119m. (Ch. 177, 1909.) 

Tax: property subject to levy; collection. Section 925 — 
119m. 1. In all cities governed by this sub-chapter, having a 
school system under the provisions hereof and having attached 
to or connected with it for school purposes territory outside of 
the city limits, all the taxable property within the territory 
so attached to or connected with such city shall be subject to 
be taxed for the support and maintenance of the schools of such 
cit}^ the same as property within such city. 

2. It shall be the duty of the city clerl-. of such city in each 
year to ascertain the rate per cent which all taxes raised in 
said year in said city for school purpo-es bear to the assessed 
value of all the property tax for school purposes within such 
ci*y for that year, and on or before the 25th day of November 
in such year in writing to notify the town clerk or cleric of 
the town or tcv\^ns in which such attached or connected terri- 
tory is situated of such per cent or rate of taxation in such 
city for school purposes, and it shall thereupon be the duty of 
said tnvn clerk or clerks and each thereof immediately to carry 
cut on the tax roils of such t;)wn cr towns respectively for such 
year a tax for school purposes of the same per cent on all tax- 
able property within that portion of their respective towns so 
attached to such city for school purposes and such tax so carried 
out on such tax rolls is hereby declared duly levied and a lien 
On such taxable propertj^ until paid the same as other taxes as 
provided by law. 

3. It shall be the duty of the treasurer of such town or each 
such town to collect said tax in the same manner as other taxes, 
and the said treasurer or treasurers respectively shall pay over 
in each year in full the amount of taxes so carried out on said 
rolls and assessed on said property in their towns respectively 
for the purposes of schools in such city to the treasurer of such 
city, in the same order and as they are now required by law to 
pay moneys raised for common school purposes, and return 
taxes collected for any school district whether such town treas- 
urer has collected such tax or not. 

4. If the taxes hereby provided for shall not be collected by 
said treasurer they shall be returned with and as delinquent 



S6 GENERAL CHARTER LAW OF WISCONSIN. 

taxes and their collection enforced in the manner now provided 
by law for collecting delinqnent taxes. 

Chapter XV. — Finances and Expenditures. 

92 5 — 120. (Ch. 349, 1907.) 

City, fiscal year. Section 925 — 120. The fiscal year shall 
commence on the first day cf Ja)i\i/irii in each yeai' and close 
on the thirty-first day oi: December next succeeding. 

925 — 121. 

Funds, how drawn upon. Section 925 — 121. All funds 
in the city treasury, except school funds, funds created ond 
set apart for the payment of interest and principal of the debt 
of the city and funds collected on special assessments, shall be 
under the control of the council and be drawn out upon the or- 
der of the mayor and clerk, duly countersigned by the comp- 
troller, if there be one, when authorized by a vote of the coun- 
cil. All orders drawn upon the treasurer shall specify the 
purposes for which they are drawn, and ])e payable out of any 
funds in the treasury not otherwise appropriated, and, shall be 
payable to the persons in whose favor they are drawn, and may 
be transferred by indorsement. 

925 — 121a. (Ch. 493, 1907.) 

Cities first class : claims ; settlement. Section 925 — 121a. 
W^henever a claim against a city of the first class shall be settled 
by the common coiuicil, the reason for such action must be stated 
in writing and signed by the connnittee and entered upon the 
minutes of the proceedings of the common council. Whenever 
such K^ettlement is made upon the recommimdation of the city at- 
torney or his assistant, or other legal officer; the reason therefor 
must be stated in writing, signed and filed with the city clerk, 
and i)ul)lished with the ]U'oceedings of the common council. 

925 — 122. 

Special funds. Section 925 — ^^122. The city treasurer shall 
not pay cut the funds in his hands Avhich shall be appropriated 
by law for any special purpose except for the purpose for which 
such funds are appropriated, any direction of the council to the 
contrary notwithstanding. 

925—123. 

Debts, how contracted. Section 925 — 123. No debt shall 
be contracted against the city or certificate of indebtedness 
drawn upon the city treasurer unless the "same shall have been 



GENERAL CHARTER LAW OF WI8COX8L\. 87 

author "zed by a vote of a majority of all the members of the 
council, and no money shall be appropriated for any purpose 
whatever except such as is expressly authorized by this cKapter 
or other provisions of these statutes. 

925 — 124. 

City orders. Section 925 — 124. The council shall not au- 
thorize the issue of orders upon the treasurer unless the money 
to pay the same is in his hands to the credit of the fund upon 
which the orders are drawn. 

925 — 125. 

Treasurer's statement. Section 925 — 125. The treasurer 
shall, on the first day of each month, deliver to the city clerk a 
statement showing the condition of the treasury at the close of 
the preceding* month and a statement of all disbursements since 
the last report. The comptroller shall examine said report and 
the vouchers for the disbursements referred t(. and attach thereto 
a report of his examination thereof, and the city clerk shall place 
the same before the council for consideration at its next meeting. 
When said report shall have l)een approved the clerk shall pre- 
serve the same, with the vouchers referred to therein, in his office. 

925 — 126. 

Borrowing money. Section 925 — 126. The council may 
borrow money to pay the ordinary expenses of the city, not ex- 
ceeding twenty per cent, of the tax levy for the same purposes 
the preceding year. Certificates of indebtedness may be issued 
therefor, signed by the mayor and clerk, bearing interest not 
exceeding the legal rate per annum and payable not later than 
the first day of ^larch after the same are issued; provided, that 
no such loan shall be made unless authorized by a vote of at least 
three-fourths of all members of the council at a regnlar meet- 
ing thereof. 

925 — 127. 

Deposit of funds. Section 925 — 127. The council may 
designate by resolution the bank or banks where the money be- 
longing to the city shall be deposited, and the security, to be ap- 
proved by the mayor and comptroller, to be given by such bank 
or banks, and when the money is so deposited the treasurer and 
his bondsmen shall not be liable for the loss thereof by reason 
of the failure of such bank or banks, and the interest arising 
therefrom shall be paid into the treasury ; provided, such money 
shall not be deposited in any bank without this state. 



88 GENERAL CHARTER LAW OF AVISCONSIN. 

925—128. 

Interest. Section 925 — 128. The council may contract witk 
a bank receiving the city deposits for the payment of interest 
thereon. 

925 — 129. 

Deposits, how drawn upon. Section 925 — 129. The coun- 
cil may so provide that all moneys in the hands of the treasurer 
at the end of each month, not exceeding a sum to be specified, 
shall be deposited in the bank or banks selected for that purpose 
in a special account, and no money shall be drawn from said 
account except on a check or order signed by the treasurer anH 
countersigned by the comptroller. Whenever the balance in the 
general account falls below such specified sum the comptroller 
may countersign a check for a sufficient amount to increase the 
balance in such account to such specified sum. No change in this 
regard shall be made in any year, after the treasurer shall have 
filed his bond, which will increase the liability of the bondsmen ; 
provided, that the city treasurer of all cities of the first class may 
keep on hand in the treasury, in addition to the amount depositedi 
in banks, ten thousand dollars, and said amounts may be main- 
tained by the treasurer and comptroller by the issuance of checks 
upon any bank depository of said city. 

925 — 130. 

Temporary loans. Section 925 — 130. All temporary loans 
shall be paid out of the taxes levied for the ensuing year un- 
less sooner provided for. 

925 — 131. 

Loans, how authorized; purposes. Section 925 — 131. In 
cities of the first class the council may, by resolution adopted 
by a vote, in favor of the same at a regular meeting, of three- 
fourths of all its members borrow money to such amount as in 
its opinion the safety or interest of the city may require and 
may issue certificates of indebtedness therefor in the manner 
herein specified; provided, that no money shall be borrowed or 
paid out except for strictly municipal purposes. 

925 — 132. 

License moneys — Purchase of bonds. Section 925 — 132. 
All moneys received for licenses of all kinds shall be paid into 
the treasury, and may be used in paying the bonded indebtedness 
of the city or otherwise as the council shall direct. If any bonds 



GEXEKAL CHARTEE LAAY OF WISCOXSIX. 89 

are elite and there is money available to pay the same the treas- 
urer shall call in such bonds in their order. If no bonds are then 
due the treasurer may advertise for proposals to sell bonds to 
the city in such manner as the council may direct, and shaH 
take up the lowest offers sufficient to exhaust the money available 
for such purpose. 

92 5 — 133. (Ch. 235, 1907.) 

Bonds: issuing; purposes; popular vote. Sectiox 925 — 
133. The council shall have authority to issue bonds for the 
f ollovring purposes only : 

1. Building school-houses and for public libraries. 

2. Building bridges. 

3. Erecting public buildings for the use of the city. 
1. Purchase of apparatus for fire protection. 

5. Street improvements which are to be paid for by the city. 

6. AYaterworks. sewers and drains, lighting works for streets, 
public buildings and liosi3itals and in cities of other than the 
first class f,r the construction and operation of lighting works 
to supply the city and its inhabitants with electric or other light. 

7. For the purchase or establishment of public parks, public 
drives, boulevards, cemeteries, garbage grounds, public hospi- 
tals and purchasing sites for jDublic buildings and for a city 
market place. 

8. Purchase of toll bridges and approaches, and for the pur- 
chase of a site for and the construction, maintenance or acquir- 
ing of public docks, wharves and the approaches thereto, and 
for dredging, docking, river and other harbor improvements. 

9. Such other purposes as are authorized by these statutes. 
No such bonds shall be issued unless authorized by an ordinance 
adopted by a vote in favor of the same of at least three-fourths 
of all the members of the common council elect, said vote to be 
at a regular meeting, not less than one week after the proposed 
ordinance shall have been published in the official paper of the 
city. In case of bonds issued for street improvements, school 
purposes, water works, lighting icorks for stre^sts and public 
buildings, hospitals, dredging, docking, river and other harbor 
improvements, sewerage, parks and public grounds, a vote of 
the people of the citj^ shall not be required unless within thirty 
days after the passage by the conmion council of the city of 
the ordinance authorizing the issuing of the bonds for such 
purposes there shall be -filed in the office of the city clerk a peti- 
tion in writing signed by not less than ten per cent, in number 
of the voters who voted in said city at the last general state 



90 GENERAL CHARTER LAW OF WISCONSIN. 

election, asking- for submission of the question of issuing such 
bonds to a vote of the people, in which case such question shall 
be submitted as provided in section 943; provided, that no 
such bond shall be issued so that the amount thereof, together 
with all other indebtedness of the city, shall exceed five per- 
cent of the assessed valuation of the property therein at the 
last assessment for the state and county taxes previous to the 
incurring- of such indebtedness; that all such bonds issmed 
shall be payable at the option of the city in annual install- 
ments, the last installment being pavable not mere than 
twenty years after their date, and shall bear interest not ex- 
ceeding- six per cent, per annum payable semi-annually, and 
that the council shall have provided for the collection of a 
direct annual tax sufficient to pay the interest thereon as it 
falls due and to pay and discharge the principal thereof with- 
in twenty years from the date of the issue of such bonds. The 
council may also issue negotiable bonds constituting a general 
city liability for the refunding of other bonds or for the fund- 
ing of general city indebtedness or liability in the following 
cases : 

a. For the refunding of valid general city bonds hereto- 
fore issued or issued by a village or other municipality to whose 
property, rights and liabilities the city has succeeded. 

b. For the funding of general city liability existing by reason 
of the fact that the city has received and has had the use and 
benefit of moneys raised by the issue or sale of bonds purporting 
to be a general city liability, but which are technically invalid 
for the failure to le^y a tax as required by section 3 of article 11, 
of the constitution, or arc not in lawful form, or where there was 
some defect in holding an election, or in son;e of the proceedings 
upon which the bonds were based. This subdivision shall apply 
only to cases in which the moneys were applied to general city 
purposes, and ought justly to be repaid by the city, where there 
is an actual existing liability for such repayment, and where 
such liability did not at the time the money was so received ex- 
ceed the five per cent, limit of the constitution. 

c. For the funding of general city liability arising from Vmi 
fact that the city has issued special street, sewer, harbor, liospi- 
tal, dredging, docking, river and other improvement bonds, 
which do not constitute a general eii:y liability, bu*: where the 
city has collected assessments levied for the paym.ent of the 
bonds and the same have been lost or diverted to other pur- 
poses, such bonds not to exceed the amount so collected with 
iiiterest. Provided, however, that such collection and diver- 
sion constitute a general city liability. 



GENERAL CHARTER LAW OF WISCOXkSIX. 91 

d. For the funding of street, sewer, harbor, hospital, dredg- 
mg, docking, river and other improvement bonds which for any 
reason constitute a general city liability not exceeding the con- 
stitutional debt limit. 

e. For the funding of judgments against th.e city, wliich 
cannot in the judgment of the council be paid by current taxa- 
tion. Such fiuiding or refunding bonds may run not exceed- 
ing tAventy years from the time of their issiie and may be negoti- 
able coupon bonds payable to bearer at a rate of interest not 
exceeding that of the debt funded or refunded. Such bonds 
may be sold at not less than pai- and accrued interest and the 
proceeds used to pay the liability for which they were issued, 
or mr.y be exchanged for" the evidence of liability replaced by 
them. No such bonds shall be issued unless authorized by an 
ordinance adopted by a, vote in favor of the same by at least 
three- fourths of all the members of the common council elect, 
said vote to be at a regular meeting not less than one week 
aftei' the proposed ordinance shall have been published in the 
official paper of the city. All such bonds issued shall be pay- 
able at the option of the city in annual installments, the last 
installment being payable not more than twenty years after 
their issue. Before or at the time of issuing said bonds the 
council shall provide for the collection of a direct annual tax 
sufficient to pay the interest thereon as it falls due and to pay 
and discharge the principal thereof within twenty years from 
the time of the issue of such bonds. Said funding or r(;funding 
bonds need not be authorized by a vote of the people, and shall 
be signed by the mayor, countersigned by the city clerk and 
sealed with the corporate seal. Said officers before executing" 
said bonds shall ascertain that they do not exceed the limit 
pre'^ei ibed 1)y the constitution of the state ' of Wisconsin and 
that all pi'ovisions required by the constitution and laws of 
Wisconsin have been duly complied with. Refunding bonds 
whose issuance, by ordinance hereto'fore adopted has been di- 
rected to be made in the manner provided by section 925 — 133 
of the statutes, shall be issued, and further proceedings in re- 
gard thereto shall h? taken, in accordance with the provisions 
of thin act. 

925 — 134. 

Claims, etc., to be verified. Section 925 — 134. All claims 
and demands against the city shall be itemized, verified by the 
oath of the claimant or srme one in his behalf, and filed with 
the cleik, who shall deliver the same to the comptroller for ex- 



92 GENERAL CHARTER LAW OF WISCONSIN. 

amiiiat:on, who shall within thirty days thereafter examine suchi 
claim or demand and return the same to the clerk with his re- 
port thereon in writing, vvh- sha'l place the same before the 
conncil for action a,t its next meeting. When the council shall 
Have taken final action any person aggrieved may appeal from 
such action in the manner provided in this chapter. 

925 — 135. 

Payment of employees. Section 925 — 135. The council 
may provide for the payment of persons employed by the board 
of public works on monthly pay rolls and shall prescribe the form 
of the same ; provided, that said pay rolls sliall be verified by 
said Ixard, be examined and countersignecT by the comptroller 
and parsed upon by the council the same as other claims. 



Chapter XVI. — Assessment and Collection of Taxes. 

92 5 — 136. (Ch. 211, 1899.) 

Property to be taxed. Section 925 — 136. All property 
in the city subject to taxati( n under these statutes, shall be 
subject to taxation for all purposes authorized by this chapter; 
but the common council of any city may provide by ordinance 
for the levy and collection of a poll tax of one dollar and fifty 
cent^' e:^.ch, assessed upon the electors of such city, with such 
exemptions as provided in sub-division 1 of chapter 1240 of the 
Wisconsin statutes of 1898 ; and the same proceedings may be 
had for the enforcement of such ordinance and of judgments 
rendered for the violation thereof, as in actions foi' the violation 
of other city ordinances. 

925 — 137. 
Duties of assessors. Section 925 — 137. The assessor or 

assessors elected or appointed under this chapter shall, within 
the time and in the manner prescribed by law for making tEe 
assessment of property for taxation under these statutes make- 
an accurate ' assessment of all property in the city subject to 
taxation ; provided, that in cities O'f the first class the tax com- 
missioner shall perform such duties in relation to the assess- 
ment of property for taxation as may be prescribed by the- 
council ; and provided further, that the assessment roll for the- 
entire city or the roll for each ward of the city shall be made- 
as the council may direct. 



GENERAL CHARTER LAW OF WISCOXSIX. 93 

925 — 138. 

Return and examination of rolls. Section 925 — 138. 
When the assessment roll or rolls shall liaYe been completed in 
cities of the first class the same shall be delivered to the tax 
commissioner, and in all other cities to the city clerk, who shall 
thereupon give notice by publication in the official paper of the 
city for ten days that on a certain clay or days therein named 
said assessment roll or rolls will be open for examination by 
the taxable inhabitants, which said notice may assign a day or 
days certain for each ward, where there are separate assess- 
ment rolls for such wards, for the inspection of such rolls. On 
such examination the tax commissioner, assessor or assessors may 
make such changes as may be necessary to perfect the assessment 
roll or rolls and after the corrections are made the said roll or 
rolls shall be submitted by the tax commissioner or city clerk to 
the board of review. 

925 — 139. (Ch. 371, 1907.) 

Board of review: . members. Section 925 — 139. 1. In 
cities of the first class, the mayor, clerk, tax commissioner and 
assessor or assessors shall constitute a board of review, and in 
all other cities the mayor, city clerk and such officer or officers, 
other than asd3Ssors, as the common council shall, by ordinance, 
determine shall constitute a board of review. 

Salaries. 2. In all cities except those of the first class the 
common council, shall, by ordinance, fix the salaries of the mem- 
bers of the board of review. 

925 — 140. 

Meeting of. Section 925—140. The board of review shall 
meet on the first Monday of July of each year and proceed as 
prescribed by these statutes. 

925 — 141. 

Delivery of rolls. Section 92.5—141. When the roll or 
rolls shall have been examined and completed by the board of 
review the assessor or assessors shall deliver the same, as com- 
pleted and verified as required by these statutes, together with 
all statements of valuations, to the city clerk, who shall preserve 
the same in his office. 

925 — 142. (Ch. 186, 1899.) 

Estimates of expenses. Section 925—142. On or before 
the first day of October in each year the board of public works, 



94 GENERAL CHARTER LAAV OF WISCONSIN. 

if there be one, shall file with the city clerk a detailed state- 
ment of the amo'untof money that will be required for the ensning- 
fiscal year in such department, and the city comptroller or the 
officer performing his duties shall likewise file a statement of 
the amount required by the police and fire departments, the 
general and library fund, and for the purpose of paying inter- 
est for the ensuing year on the public debt and five per cent. 
of the principal thereof. The city clerk shall place such esti- 
mates, before the council at its next regular meeting, and the 
council shall thereupon by resolution, levy such sums of money 
as may be sufficient for the several purposes for which taxes 
are authorized not exceeding the amount provided by section 
925 — l-12a. And in making such levy they shall take into con- 
sideration the estimated amount that will be received by the 
city during the fiscal year from licenses or from any other 
source. 

925 — 142a. (Ch. 262, 1899.) 

City levy; limitation. Section 925 — 112a. The common 
council shall have the power to levy annually such sum or sums 
of money as may be sufficient for the several purposes for which 
taxes are authorized to be levied and to apportion the same into 
such funds for city or ward purposes as they may provide by 
ordinance or resolution ; provided, a tax levied for any one year 
for municipal purposes, together Avith the tax required to be 
levied for state, count}^, county school and school district pur- 
poses, and for delinquent taxes for the preceding year, shall 
not exceed three and one-half pi'T cent, of the assessed value 
of the real and personal property in the city in that year.* 

92 5 — 143. (Ch. 196, 1901.) 
Tax roll and warrant; apportionment — School tax. 

Section 925 — 113. It shall be the duty of the city clerk to 
make out a complete tax roll in the manner and form provided 
by law, and as soon as practicable after the levy shall have been 
made by the council as prescribed in the preceding section, and 
the certificate of the Cvunty clerk shoAving the amount of state 
and county taxes apportioned to the city shall have been re- 
ceived, to cause the same to be extended upon such tax roll upon 
a uniform percentage by setting opposite the description of 
each lot, tract or parcel of land, and to the name of each per- 
,scn named in said roll, in proper columns, such proportionate 



*School Tax Levy. Section 1, ch. 81, laws of 1899. All cities of the 
third and fourth class operating under a special or general charter are 
hereby authorized to levy annually a special tax for school purposes 
not exceeding one mill on the dollar of the assessed valuation of all 
the real and personal property in said city for that year in addition 
to the total tax now authorized to be levied by such cities. 



GENERAL CHARTER LAW OF AYISCOXSIX. 95 

share of the sums of taxes so levied as may be chargeable upon 
such let, tract or parcel of land or against such person, and 
also enter and extend upon such tax roll all special assessments 
required to be entered thereon. To such tax roll shall be ap- 
pended a warrant -signed by the mayor and clerk, substantially 

in the following form: To , city treasurer of 

the city of : You are hereby recjuired to collect 

from each of the persons and corporations named in the an- 
nexed tax roll, and from the owners or occuj^ants named of 
the real estate described therein, the taxes set down in such 
roll, opposite to their respective names and to the several par- 
cels of land therein described; and in case any person or cor- 
poraticn upon whom any such sum cr tax is imposed shall re- 
fuse or neglect to pay the same, you are to lew and collect the 
same by distress and sale of the goods and chattels of the per- 
son or corp:;ration so taxed, and out of the moneys so to be 
collected, after deducting your fees, you are first to pay to the 
treasurer of said county, on or before the second l\Ionday of 

'Febimary next, the sum <f for state taxes, you 

are to retain and pay out as city treasurer according to law the 

sum of , and the balance of said moneys you are 

required to pay to said treasurer for county purposes on or be- 
fore, the fifteenth day cf IMarch next; by which day you are 
further required to make return to said treasurer of this war- 
rant with said roll annexed, together with your doings thereon 

as required by law. Dated the day of ■, 

19—. ^ ; IMayor. -• ^, Clerk. And in 

cities where the school district system is in force the city clerk 
shall, upon the receipt by him of the statement or statements 
of the amount of school tax apportioned to the part of the dis- 
trict or districts respectively within such city, extend the same 
upon the tax roll and apportion the same as required by law. 
And in^such cities the warrant for the collection of taxes shall, 
in addition to the other aforesaid directions, therein require the 
city treasurer to pay out according to law, from the money so 
collected by him, to the person or persons lawfully entitled 
thereto the amount of the district school tax collected by him 
thereunder. 

925 — 144. 
Evidence, roll and warrant as. Section 925—144. The 

tax roll and warrant thereto attached shall be prima facie evi- 
dence in all courts that the property therein described and per- 
sons therein named were subject to taxation and to the special 



96 GENERAL CHARTER LAW OF WISCONkSIN. 

assessments therein entered, and that the assessment was just 
and equal, and the same shall be delivered to the city treasurer 
on or before the fifteenth day of December in each year. 

925 — 145. 

Taxes, cancellation of. Section 925 — 145. After the tax 
roll shall have been thus delivered to the treasurer it shall not 
be lawful for the council to remit, annul or cancel any tax spec- 
ified therein except in the following cases : 

1. When a clerical error has been made in the description of 
the property or in the extension of the tax. 

2. When improvements on lots were considered in making 
the assessment roll, where the improvements did not exist at the 
time fixed by law for making the assessment. 

3. When the property is exempt by law from taxation. 

4. When a person has been assessed the same year for the 
same property in more than one ward or place." 

925 — 146. 

Assessments, how carried out. Section 925 — 146. All 
special assessments shall be carried out on the tax roll in a sep- 
arate column or columns opposite the lots or tracts upon which 
the same may be a lien, and the treasurer shall have the saine 
authority with reference thereto as if the amount of such lien 
was a general tax. 

92 5 — 147. (Ch. 195, 1901.) 

Treasurer's notice. Section 925—147, On the receipt of 
such tax roll the treasurer shall give one week's notice thereof in 
the official paper ; such notice shall specify that the taxes must 
be paid on or before the thirty-first day of January following. 

925 — 148. 

Collection of taxes. Section 925 — 148. On the expiration 
of the time specified the treasurer shall proceed to enforce the 
collection of such taxes in the manner provided by law; pro- 
vided, that in cities of the first class he shall issue his warrant, 
directed to the chief of police of the city, requiring him, within 
a time specified therein, to collect such taxes on personal prop- 
erty as shall then remain luipaid, and the chief of police re- 
ceiving such warrant shall possess all the powers given by law 
to town treasurers for the collection of such taxes, and be sub- 
ject to the liabilities and entitled to the same fees as town treas- 
urers in such cases. 



GENERAL CHARTER LAAV OF WISCONSIN. 97 

925—149. 

Bond of chief of police. Section 925 — 149. Before the 
treasurer shall sign his warrant to the chief of police such chief 
of police shall give a bond to the city, in such sum and with 
£uch sureties as the council may prescribe, for the payment to 
the city treasurer cf all taxes by him collected or received by 
virtue of such warrant. 

925 — 150. 

Return of tax warrant. Section 925 — 150. Within the 
time required by these statutes in the case of town treasurers 
for the return to the county treasurers of the delinquent taxes 
on personal and real property, the said chief of police, in cities 
of the first class, shall return his warrant for the collection of 
taxes of personal property to the treasurer. 

925 — 151. 

Apportionment of taxes; delinquent returns. Section 
925 — 151. Out of the taxes collected the treasurer shall first 
pay the state tax to the county treasurer, and shall then set aside 
all sums of money levied for school taxes, then moneys levied for 
the payment of judgments, then all sums raised as special taxes 
in the order in wh'ch they are levied, then taxes for the pay- 
ment of principal and interest ou the public debt, then taxes for 
bridge purposes, then for fire purposes, then for streets and 
other public improvements, and lastly county taxes. Delinquent 
returns shall be made to the county treasurer in all respects as 
required by these statutes, and thereafter such proceedings shall 
be had with reference to the delinquent taxes so returned as are 
provided fnr in case of delinquent returns from towns. 

92 5 — 152. .(Ch. 191, 1901.) 

Treasurer's fees. Section 925 — 152. The city treasurer 
shall be entitled to receive and collect as fees for the collection 
of taxes one per cent, upon all sums collected prior to or on the 
thirty-first day of January, and three per cent, upon all sums 
collected by him thereafter; and in case of a distress and sale 
made by him of goods or chattels for the payment of any taxes 
he shall reseive such fees as are allowed to constables for simi- 
lar service. The city treasurer shall keep in a book to be pro- 
vided for that purpose true accounts of all fees by him received 
as treasurer from any source, and such book shall be open for 
inspection at all reasonable times, and he shall have on file and 
7 



98 GENERAL CHARTER LAW OF WISCONSIN. 

make return to the couiieil, duly certified on oath, an itemized 
statement of all fees or other moneys received and paid out by 
him as treasurer; he shall receive no further conipensation for 
his services as treasurer than is herein])efore specified; provided, 
that, in cities where the treasurer receives a h'alary the fees col- 
lected shall belong to and be paid into the treasury. 

925 — 153. 

Provisions directory. Section 925 — ir)8. The dirpctions 
herein given for the as.sessing of lands and personal property 
and levying and collecting taxes shall be deemed directory only, 
and no error or informality in the proceedings of any of the 
oificers intrusted with the same, not affecting the substantial 
justice of the tax, shall vitiate or in anywise affect the validity 
of such tax, or asisessment. 



Chapter XVII. — Eminent Domain. 

925 — 154. 

For what purposes power exercised. Section 925 — 154. 
All cities of the first class governed l)y this ('luii)ter shall have 
the power to condemn lands for streets, alleys, pul)lic. grounds, 
parks, cemeteries, sites for school and other public buildings, and 
Lands to be used for purposes of drainage and water distribution 
and other public municipal purposes not here enumerated by 
the following proceedings. 

925—155. 

Petition for opening streets. Section 925 — 155. As to 
streets it shall be competent for any ten resident freeholders 
in, any ward to petition the council for the opening, widening, 
extension or change of any street in such ward, and if the land 
proposed to be taken for that purpose shall lie in two or more 
wards, then ten resident freeholders of each of the wards shall 
be required to join in the petition. Such petition shall be ad- 
dressed to the common council and shall designate in general 
terms the location, extent of the proposed laying out, widening, 
extension or change, but need not contain a particular descrip- 
tion of the land proposed to be taken. For the purposes of 
such petition a person in possessioai of land under a contraot 
of purchase and sale or a bond for a deed shall be deemed a 
freeholder^ 



GENERAL CHARTER LAW OF WLSCONSIN. 99 

925 — 156. 

Proceedings. Section 925 — 156. When such petition shall 
be presented to the council it shall, prior to the adoption of any 
resiolution thereon, be referred to the board of public works, and 
said board shall make a report to the council stating whether 
or not such petition is sufficiently signed, and if so, giving a 
particular description of each lot, parcel or subdivision of land 
proposed to be taken and a plat of the proposed street, widen- 
ing, extension or change. Upon the coming in of such report 
the council may, if the petition be reported sufficiently signed, 
by a vote of a majority of its members adopt a resolution declar- 
ing that it is necessary to condemn the land designated in such 
petition and report, referring to them, for the purpose named 
in the petition, and direct the city attorney to commence and 
prosecute the proper proceedings for the condemnation and ac- 
quisition of said land. 

925 — 157. 

Petition as to alleys. Section 925 — 157. As to alleys, a 
petition for the opening, widening, extension or change of an 
alley may be made to the council by the owner or owners of 
one-third or mere of the land in the block in Avhich the alley 
or proposed alley is situated, whether such owner or owners shall 
be residents of the city or not. Land held under a land eon- 
tract or bond for a deed shall, for the purpose of such petition, 
be deemed to be owned by the person so holding it; infants and 
others under guardianship m^ay petition by their guardians. 
Such pet'ticn shall, before any resolution upon it shall be 
adopted, be referred to the board of public works, who shall 
thereripon make a report to the council stating whether or not 
it is sufficiently signed, and if so, giving a particular descrip- 
tion of each lot, parcel cr subdivision of land proposed to be 
taken and a r)lat of the prc'DOsecl alley as the same will be when 
laid out, w'dened, extended or changed. Upon the coming in 
of such report, if it shall appear thereby that the petition is 
signed by the owner or owners of one-third of more of the land 
in the block, the council may adopt a resolution by a vote of a 
majority of its members, the same as in the ca?e of a petition 
for the opening, mden:"ng, extension or change of a street, ancl 
like proceedings shall be had thereon. If it shall afterwards 
appear, either in the case of a street or an allev, that such peti- 
tion was not sufficiently signed, that fact shall not, in the ab- 
sience of fraud, vitiate the petition or the subsequent proceed- 
ings thereon. 



100 GENERAL CHARTER LAW OP WISCONSIN. 

925 — 158. 

Preceedings, without petition. Section 925 — 158. The 
council may, without a petiticai, by a vote of four-fifths of its 
members, adopt a resolution declaring it to be necessary to con- 
demn to the public use any land for the opening, widening, ex- 
tension or changing of any street or alley and directing the city 
attorney to commence and prosecute the proper proceedings 
therefor; and in the case of the opening or extension of public 
grounds, or acquiring lands as a site for a school or other public 
building, or lands for purposes of drainage or water distribu- 
tion, or the taking of lands for any public municipal purposes not 
herein enumerated, the council may, without a petition therefor 
and by a vote of a majority of its members, adopt a resolution 
declaring it to be necessary to condemn land for such purpose, 
describing it in general terms only, and directing the city at- 
torney to comnlence and prosecute the proper proceedings there- 
for. Before any resolution provided for in this section shall be 
adopted it shall be referred to the board of public works, who 
shall thereupon make a particular description of each lot, par- 
cel or subdivision of land proposed to be taken and a plat of the 
proposed street or alley, public ground, building site, drain or 
water-pipe, or land to be used for other public municipal pur- 
poses and report the same to the council. 

925—159. 

Duty of city attorney; notice to land-owners. Section 
925 — 159. Whenever, by any resolution adopted under any of 
the preceding sections of this sub-chapter, it shall be declared 
necessary to condemn any lands and the city attorney [is] di- 
rected to commence and prosecute proceedings therefor, it shall 
be his duty to prepare and present, as soon asi may be, a petition 
to the circuit court of the county in which the land proposed to 
be taken or some of it shall lie, for the condemnation of the land 
mentioned in the resolution for the purpose therein designated, 
and to prepare a.nd file with said petition a sworn list of the 
names and residences, so far asi they are known to him or can 
with reasonable diligence be ascertained by him, of persons own- 
ing or being interested in the lands proposed to be taken, and 
said petition shall have annexed thereto copies of the original 
petition, if nny, the resolution of the council and the report olc 
the board of public works as to the propo-sied condemnation. 
Said attorney shall thereupon prepare a notice substantially in 
thp* following forms 



(JENEEAL CHARTEE LAW OF WISCONSIN, 101 

State of Wisconsin— In the matter of (here insert the object 
of the proceedings) in the city of . 

In the circuit court of the county of . 

To whom it may concern: 

Notice is hereby given that a petition for the condemnation oi 
real estate has been presented to said court in the above entitled 
matter by the city oi by its city attorney. Ail persons in- 
terested in sa^d matter may answer said petition at any time 
within twenty days after the service of this notice exclusive of 
the day of service. 

Dated . 

A. B., City Attorney. 

Such notice shall be served upon the owners of the land which 
is proposed to be condemned and all persons interested therein in 
all respects like a summons in a civil action, except that in 
cases of service by publication and mailing or by publication 
alone, the publication shall be made in the official paper of the 
city, and except that sendee within the state may be made by 
any police officer of the city named in the notice instead of the 
sheriff of the proper county, and the return or returns of such 
police officer upon such notice or copies hereof shall have the 
same force and effect as the return of the sheriff of the proper 
county by himself or by either of his deputies. The filing of 
said petition shall be deemed the commencement of a suit. 
Within tAvent}^ days after the service of such notice upon any 
party owning or being interested in any real estate proposed to 
be condemned such party may ser^^e an answer to such petition 
upon the city attorney, and file the same as in cases of answers 
in civil actions. No notice of retainer or of appearance without 
an answer shall be of any avail. AVhen the time for answering 
shall have expired the city attorney may call up said matter for 
hearing upon a notice of three clays, excluding the day of service 
and Sunday and legal holidays, and without notice to parties 
who have not answered, and such proceedings shall have preced- 
ence over all C'ther matters not on trial ; and the court shall there- 
upon impanel a jury, as in civil cases, to determine whether or 
not it is necessary to take such land for the public use. Such 
jury shall view the premises in question in the same manner as 
in civil actions, when a view is ordered by the court, at the ex- 
pense of the city, and shall return into court as in such cases ; 
and if no answer shall have been served the city attorney shall 
produce such evidence as he deemsi material as to the necessity 
for such condemnation, and if an answer or answers shall have 



102 GENERAL CHARTER LAW OF WISCONSIN. 

been served the isfciie.sliail be tried by the court and jury as other 
issues of fact, and in either case the court shall thereupon in- 
struct the jury. The jury shall thereupon ret' re to consider 
their verdict, wiiich shall be either, ''We, the juiy, find that it is 
nececsary t ■ cdndemn the real estate sought to be condemued in 
this proce! ding for the pul^lic use," or, ''We, the jury, find that 
it is uot nece sary t • condemn the real estate sought to be con- 
demned in this proceeding for the public use." Upon the com- 
ing :n of the verdict judgment shall be entered condemning the 
land s light to be condi'mned to the public use for the purpose 
set forth in the petiticn, oi dismissing the petition, as the verdict 
shall recjuire. If the jury shall disagree a new jury shall be im- 
mediately impaneled and proceeding.^ shall thereupon be had as 
before. If two jur'es shall disagree the matter shall be con- 
tinued to the next term of the court, when it may be again 
called up and like proceedings had thereon. If three juries shall 
disagree the proceedings shall be dismissed. No appeal from a 
judgment cf condemnation shall be allowed, but the supreme 
court may review such judgment upon a writ of certiorari sued 
out within th'rty days after its entry and not thereafter. 

925 — 160. 

Costs. Section 925 — IGO. The costs of the foregoing pro- 
ceedings shall be paid by the city, and if the jury shall find that 
it is not necessary t ■ condemn the lands in question or if the 
proceedings shall be alijindoned, any party who shall have put 
in an answer shall recover from tlu^ city his disbursements neces- 
sarily made or incurred and t(ixal)!(' attorney's fees not to ex- 
ceed tweirty-five dollars. 

925 — 161. 

Abandonment of proceedings — Controversy as to. com- 
pensation. Section 925 — 161. If the city shall not, within 
one year after the entry of a judgment of ocndemnation, cause 
the benefits and damages by reason of such condemnation to be 
axessecl as provided in this subchapter, and shall not have, in 
the proper fund available for that purpose, a sum sufficient to 
pay the excess cf danrage^ over benefits, the condemnation pro- 
ceedings shall be deemed to have been abandoned. At the ex- 
piration of one year after the entry of such judgment the comp- 
troller shall, upon demand, furnish to the mayor or any person 
who shall requ're it a certificate shc/wing whether or not there 
was at the end of such year, in any fund available for that pur- 
pose, a sum sufficient to pay such excess of damages over benefits, 



GENERAL CHARTER LAW OF WISCONSIN, 103 

and such eertifieate shall be prima facie evidence of the facts 
therein certified. If it shall appear that there is in any fund a 
sufficient sum available for that purpose at the expiration of 
such year or at any time prior thereto, and after such assess- 
ments of benefits and damages shall have been made and con- 
firmed, the c^ty may take possession of the land condemned; an 
order on the city treasurer shall be issued as in other cases in 
favor of the person in whose favor any excess of damages over 
benefits shall have been assessed, upon the certificate of the city 
attorney that such person is entitled to receive the same. If 
the city attorney shall refuse to give any such certificate the 
party or parties claiming the same may apply to the circuit court 
at the foot of the judgment of eondemnation for a decision 
awarding such amount to him or them, and upon such applica- 
tion and eight days ' notice thereof to the city attorney the court 
shall proceed in a summary manner to inquire as to the rights of 
the parties in the premises, and may make up an issue upon such 
application and submit the same to a jury in a proper case, and 
shall make and file a decision in writing as to who is entitled to 
draw the amount in controversy, and on filing a certified copy 
of such decision with the city clerk an order shall be issued in 
accordance therevdth. If any two or more parties shall claim 
the same sum, or if the city attorney shall be in doubt as to 
whom such sum should be paid, he may in like manner apply to 
the court for a decision as to the rights of the parties in respect 
to such sum, and upon such application and eight days' notice 
thereof to the parties interested the court shall proceed in like 
manner to ascertain and decide Avho is entitled to said sum or 
any part thereof, and the city treasurer shall in like manner pay 
the same out upon and according to such decision. An appeal 
from any such decision may be taken to the supreme court by 
any party interested therein, including the city, within thirty 
days after the filing of the same, and such sum shall not be paid 
while such appeal is pending nor until the matter shall be fin- 
ally determined. Such appeal shall be taken upon like notice 
and undertaking as an appeal from an order in a civil action, 
and like proceeding shall be had thereon in the supreme and the 
circuit court. 

925 — 162. 

Rights of lienor. Section 925 — 162. If any person not 
owning the land condemned shall have a lien thereon or a lease- 
hold or other interest therein, he shall receive a portion of the 
excess of damages over benefits awarded by reason of such con- 



M CiBNEBAL OHARTEiR LAW OP WISCONSIN. 

demnation in proportion to the lien or interest he may have in 
such land, to be ascertained upon the principles of equity ; and 
if the parties cannot agree the matter may be decided by the 
court at the fcot of the judgment of condemnation upon the ap- 
plication of a party or the city attorney as provided in the pre- 
ceding section. The term ' ' excess of damages over benefits ' ' 
shall, when used in this chapter, be construed to include any 
sum which shall be assessed as damages and not offset by any 
assessment of benefits, as well as the balance in favor of a party 
in whose favor damages have been assessed and against whom 
benefits have been assessed. 

925 — 163. 

Title to fee. Section 925—163. When any land shall be 
condemned under this subchapter for public grounds or sites for 
school or other buildings, the city shall take a fee-simple title to 
such land. In all other oases the fee shall remain in the owner, 
his heirs and assigns, and the city shall take by the condemna- 
tion only such an interest as shall be necessary and convenient 
for the uses and purposes for which the land is condemned. 

925 — 164. 

New proceedings. Section 925 — 164. Condemnation pro- 
ceedings under this subchapter shall in no case be a bar to sub- 
sequent proceedings for the condemnation of the same premises 
or any part thereof for the same or a different purpose; and the 
same land may be condemned more than once for different pur- 
poses, each consistent with the other. 

925 — 165. 

Vacation of streets, etc. Section 925 — 165. When a street 
or alley shall be changed by proceedings under this subchapter 
so much of the original street or alley as shall be left out of it 
as changed shall bo deemed vacated without any other proceed- 
ing, and the fact of such vacation shall be taken into account in 
assessing benefits and damages by reason of the condemnation 
proceeding-;. 

925 — 166. 

Asses-; :i£nt of damages and benefits. Section 925 — 166. 
It shall be the duty of the council, within three months after any 
judgment of ccndemnaticn shall have been entered, to adopt a 
resolution directing the board of public works t > make an assess- 
ment of c!.":i:ages by rea-on of such condemnation, and in the 



(lENEBAL CHARTER LAW OF WISCONSIN. 105 

ease of eondemnations for opening, widening, extending or 
chang-ing streets oi' alleys or for opening public grounds, parks 
and cemeteries the council may also direct said board to make an 
assessment of benefits. Such resolution shall be certified by the 
city clerk to the board of public works immediately after its adop- 
tion and approval. When such assessment shall have been made 
and reported to the council that body may, by resolution, con- 
firm the same or refer the matter back to the board for a new 
assessment or may, by resolution, abandon the condemnation pro- 
ceeding. If the council shall, for more than three months after 
the entry of a judgment of condemnation, neglect to order an 
assessment of damages or benefits and damages, as the case may 
be, the proceeding shall be deemed to have been abandoned, and 
if the council shall not, within one year lafter the entry of judg- 
ment of condemnation, confirm an assessment of damages or of 
benefits and damages, and make provision for paying the excess 
of damages over benefits the proceedings shall be deemed to have 
been abandoned. 

925 — 167. 

Method of making assessment. Section 925 — 167. AVhen 
the city clerk shall have certified to the board of public works 
a resolution of the council requiring an assessment of damages 
or benefits and damages to be made under this subchapter, said 
board shall iimnediately proceed to assess the damages by reason 
O'f the ccndemnation mentioned in such resolution as follows: 
Opposite each description of the land condemned the board shall 
set down in separate columns the damages sustained by the 
owner by reason of the taking of the land, the damages, if any, 
to the adjoining property of the same owner, the total damages, 
and in cases wherein benefits may be assessed, the benefits which 
will in their judgment accrue to his lands in the vicinity of the 
condemned land by reason of the condemnation in question, the ex- 
cess of damages over benefits, and the excess of benefits over dam- 
aoges, each such sum being set opposite the proper description. 
No benefits shall be assessed against any lot, parcel or subdivision 
every part of which shall be one thousand feet or more distant 
from the nearest land condemned, and no benefits exceeding five 
per cent, of the assessed value thereof according to the last as- 
sessment roll shall be assessed against any lot; parcel or subdi- 
vis'on by reason of any one condemnation proceeding, and no 
benefits exceeding three per cent, of the assessed value thereof 
according to said assessment roll shall be assessed against any 
lot, parcel or subdivision the whole of which is more than five 



lOiG UENEEAL CHARTRE LAW OF WISCONSIN. 

hundred feet distant from the nearest land condemned by reason 
of any one condemnation. In assessing such damage or damages 
and benefits the board of public works shall proceed as in case 
of benefits and damages on account of public improvements, giv- 
ing like notices and opportunities for correction and reporting 
the assessment to the ^council in like manner. 

925—168. 

Entry of special taxes. Section 925 — 168. When such 
assessment shall be confirmed by the council the city clerk shall 
transamt the same to the comptroller, who' shall thereupon report 
to the city clerk a list of special taxes to be entered in the tax 
roll on account thereof, which list shall have set opposite each 
description against which benefits not olfset by damages or an 
excess of benefits ever damages shall have been assessed the 
amo'iuit of such benefits or excess, v>']iich ^amount shall be levied 
upon the land described as a special tax and be collected the same 
as other taxes.. 

925 — 169. 

Damages, how paid. Section 925 — 169. The cost of each 
condemnation shall be paid ont of the general city fund, except 
the cost of condemnation for streets and alleys and public 
grounds less than five acres in extent, which shall be paid out of 
the ward fund or funds C'f the proper Avarcl or wards, if any, 
otherwise from the general fund, and the cost of condemnation 
for other purposes as to which there are special funds, such as 
the water fimd or sewerage fund, if any, shall be paid out of 
such fund, and all special taxes levied and collected on account 
of any condemnation shall be credited to the fund out of which 
the cost of the condemnation is paid. 

925 — 170. 
Exercise of power by cities of other than first class. 

Section 925 — 170. Cities of the second, third and fourth classes 
may, at their option, condemn lands for any of the purposes 
mentioned in the first section of this subchapter, either under the 
provisions of section 927 and sections 895 to 904, inclusive, of 
these statutes or under the foregoing provisions of this sub- 
chapter. 

925—171. 

Appeal. Section 925 — 171. Any party aggrieved by any 
assessment of benefits or damages or both may , appeal to the cir- 



GENERAL CHARTER LAW OF WISCONSIN, 107 

euiit court therefrcm within the time, in the manner and upon 
the security prescribed on appeals from assessments of benefits 
and damages en account of public improvements, and like pro- 
ceedngs siiall be had thereon. Such appeal shall not affect any 
special tax levied on account of an excess of benefits over dam- 
ages, but the amount recovered by the appellant properly ap- 
plicable in reduction of such assessment and the costs, if any, 
shall be paid out of the i^roper fund ; also the amount recovered 
by way of increasing any damages assessed or for damages when 
none have been assessed, with the costs, if any. 

925 — 171a. (Ch. 493, 1907.) 

Park commissioners: jurisdiction; streets. Section 925 — 
171a. The park commissioners of all cities shall under the di- 
rection of the common council have the same jurisdiction and 
control for park purposes over that part of public streets, lying 
and being between the cuib and the sidewalk as such commission 
have over the public parks and may cause trees to be planted 
and cared for, and the proper surface to be sodded, iDlanted or 
otherwise cared for in the same manner park lands are cared for. 

Chapter XVIIL — City Improvements. 

925 — 172. 

Grade of streets; damages. Section 925 — 172. The coun- 
cil shall have authority to establish the grade of all streets and 
alleys in the city, and to change and re-estabUvSh the same as it 
may deem expedient; provided, that whenever it shall change or 
alter the permanently established grade of any street any person 
thereby sustaining damages to liis property on such street shall 
have a right to recover such damages in the manner set forth in 
this subchapter. 

925 — 173. 

Record of grade. Section 925 — 173. The grade of all 
streets shall be established and described, and the adopiion of 
such grades and all alterations thereof shall be recorded by the 
city clerk. No street shall be worked until the grade thereof is 
established ^nd recorded in the 'manner herein set forth. 

925 — 174. 

Streets and sidewalks. Section 925 — 174. The streets 
shall be divided into a carriage Avay and a sidewalk on each side 
thereof ; the sidewalk shall be for the use of persons on foot, and 
no person shall be allowed to incuml^er the same with boxes or 



m GENERAL CHARTEtl LAW OF WISCONSIN. 

other material ; but such sidewalk shall be kept clear for the uses 
specified herein. 

925 — 175. 

Opening, paving and grading streets, etc. Section 925 — 
175. The city may cause streets and alleys, to be opened, leveled, 
graded, regraded, graveled, regraveled, macadamized, paved and 
repaved with stone, wood or other material or improved in any 
other manner, and may cause such streets and alleys to be 
swept, sprinkled and cleaned ; but no street shall be graded, grav- 
eled, paved, macadamized or improved, where the expense ex- 
ceeds five hundred dollars, except upon the vote of two-thirds of 
the members of the council elect. The expense of such work or 
improvement may be paid in whole or in part by the city or by 
the property to be benefited thereby as the council shall direct, 
but in no case shall the amoimt assessed to any parcel of real 
estate exceed the benefit accruing thereto by such improvement, 
except in case of sidewalks ; provided, that where work is ordered 
to be clone and the expense thereof is made chargeable to partic- 
ular property the city shall in no case be responsible for the pay- 
ment therefor except in cases where the cost of the improvement 
exceeds the benefits. 

925 — 175a. (Ch. 77, 1903.) 
Portion of street for park purposes ; damages ; benefits. 

Section 925 — 175a. In case the common council of any city 
of the second, third or fourth class shall determine to improve 
any street, avenue or boulevard under the provisions of sections 
925—175 and 925— 178 of the statutes of 1898, the board of pub- 
lic works, or if there be no such board of public works, the officer 
or officers designated to perform its duties, may, as a part of 
such improvement, set aside and provide for the improvement 
of a portion of such street, avenue or boulevard for park pur- 
poses, and may determine in what manner the same shall be im- 
proved, and may assess the damages and benefits resulting from 
such entire improvement, including the cost of the improvement 
of the part of such street, avenue or boulevard so set aside for 
park purposes, to the several parcels of land affected thereby as 
provided in section 925 — 178 of said statutes, and shall include 
such determination in the report reciuired to be made and filed 
by them. 

925 — 176. 

Improvements upon petition. Section 925 — 176. In any 
city whenever the owners of more than one-half of the frontage 



GENERAL CHARTER LAW OF WISCONSIN. 109 

of the lots upon that part of any street proposed to be improved 
shall petition the common council to improve such street or part 
of street by stone paving, macadam or otherwise as set forth, to 
be made in such manner as shall be fully specified by the city 
surveyor and approved by the mayor, and upon advertisement 
setting forth clearly such specifications, such city may contract 
for such work to be done by the lowest responsible bidder if 
deemed reasonable in cost, or in case of macadam it may have 
the work done by men in the employ of the city; provided, that 
such improvement, unless made to, connect with streets somewhat 
similarly improved,. shall be made to extend upon such street not 
less than the length or width of three blocks of lots and the 
street crossings between. The cost of such improvement when 
made shall be assessed to the respective owners of the lots front- 
ing on such street in the ratio of each OMTier's number of feet 
front to the entire length of such improvement, exclusive of 
street crossings, which shall be chargeable to the city as its pro- 
portion of expense, and such crossings shall be made to conform 
with the street so improved. The word street as herein used may 
be construed to mean two or more streets when the whole taken 
together would form one continuous drive. 

925 — 176a. (Ch. 108, 1903.) 

Permanent sidewalks. Section 925 — 176a. The provisions 
of subdivision 176, as well as the provisions of subdivisions 190 
to 197a, inclusive, shall apply in cities of the fourth class, to the 
building of sidewalks or curbs of cement, stone or other perman- 
ent material ; provided, that such permanent sidewalk or curb 
shall be made to extend not less than the length or ^'vddth of one 
block, on one side of the street. 

925 — 177. 

Crosswalks, expense of. Section 925—177. The expense 
of all crosswalks at the intersection of streets or alleys and across 
public grounds shall be paid by the city at large or the proper 
ward. The expense of maintenance, relaying, keeping in repair 
and cleaning of streets, in all cases where the streets shall have 
been constructed to the established grade and graveled, planked, 
macadamized or paved as required by the council, shall be paid 
out of the s^eneral fund cf the city or the ward fund of the 
proper ward. 

925 — 178. 

Damages for change of grade. Section 925—178. Before 
the council shall change or alter any established grade g-r order 



110 GENERAL CHARTER LAW OF WISCONSIN. 

any work to be done on any street at the expense of the real 
estate to be benefited thereby, it shall order the bn-ard of public 
works, or if there be no snch board, the officer or officers desig- 
nated to discharge its duties, to view the premises and determine 
the damages and benefits which will accrue to each parcel of real 
estate by such change or alteration of grade; the entire cost on 
the contemplated work or imx^rovement upon the street, the bene- 
fits and damages that will accrue to the several parcels of real 
estate thereby, and the amount thlit should be assessed under the 
provisions of this sulx'hapter to each parcel of such real estate 
as benefits accruing thereto hy such contemplated work or im- 
I^rovement. 

925 — 179. 

Report. Section 925 — 179. Sa:d board shall make and file 
in their office a report showing their determination on the ques- 
tions required to be considered liy them under the provisions of 
the preceding section. 

925 — 180. (Ch. 152, 1907.) 

Street alterations: report; notices. Section 925 — 180. 
Notice shall l>e given by the l^oard of pul)lic works that such re- 
port is open for review at their office and A\'ill he so continued for 
the space of ten days after the date of such notice and that on a 
day named therein, which shall be not more than three days af- 
ter the expiration of said ten days, said lioard will be in session 
to hear all objections that may be made t<) such report. Such 
'notice shall he piihlished in the official )ir't{'spape)' of the citi/ 
at least o)ic< and one copy of such notice shall he posted in each 
block of th( p'.irl of the street proposed to hb improved or the 
grade' of ir'Jiich it is proposed to change. Such postekl no- 
tices shall he printed, in tgpe not smaller than pica. Such 
jmhlication anel posting sliall he made fiv^s days prior to tJie 
(late of hearing objections as aforesaid. No irregularity 
in the form of such report, nor of said notice shall affect 
its validity if it fairly contains the information required 
to be conveyed thereby. At the time specified for hearing objec- 
tions to said report, said board shall hear all parties interested 
who may appear for that purpose, reduce to writing all ob- 
jections that may be made and all evidence that may be offered 
to sustain the same, and may review, modify and correct said 
report as they deem just, and thereupon a complete and final 
report shall be made and filed by said board with the city clerk 
together* with all objections and evidence taken before them to 



GENERAL CHARTER LAW OF WISCONSIN. Ill 

sustain the «ime and proof of publication of said notice and an 
affidavit of the posting tJicrcof as ahove specifisd, which affidavit 
shall he received in. all cases as presum/ptivc evidence of the facts 
therein stated. No irregularity in the form of said report or 
manner of conducting: the proceedings by said board, or in the 
proof of puhlicatio)h or in the affidavit of posting shall affect 
the legality of said report, U}dess it shall appear that the owners 
of the property aff'ccted by the proceedings wei-e clearly misled 
hy such irregularity and have not had an opportunity to he 
heard. At such hearing any member of the board may admin- 
ister oaths as may be necessary in conducting it. 

925 — 181. 

Action on report. Section 925 — 181. The city clerk shall 
publish a notice in the official paper at least once that the said 
report is on file in his office and that the common council will, 
at a meeting to be held at the time stated in the notice, consider 
the said report and hear all objections which may be made there- 
to, and determine what portion of the cost of the improvement, 
if any, shall be paid by the city at large. At least one week 
shall intervene between the first publication of such notice and 
the said meeting. The council may at such meeting, or at an 
adjourned meeting, confirm cr correct such report or refer it 
back to the board for further consideration. 

925 — 182. 

Assessment of benefits. Section 925—182. Subject to the 
limitations here'nbefore mentioned the council may determine 
the amount to be paid by the real estate as benefits on account of 
the improvement O'f a street and the amount that shall be paid 
by the city at large, or the ward fund of the wards in which 
said improvement is made. 

925 — 183. 

Notice of final determination. Section 925 — ^183. AVhen a 
final determination shall have been reached by the council the 
city clerk shall publish notice in the official paper of the city 
once in each week for two successive weeks that a, final determina- 
tion has been made as to the damages that will accrue to the real 
estate in case of the change of an established grade, or the bene- 
fits and damages to be assessed to the real estate in case of a 
proposed improvement. 

925—184. 

Remedy of land-owner. Section 925—184. If the owner 
of any parcel of land mentioned in said notlQe feels himself ag« 



112 GENERAL CHARTER LAW OP WISCONSIN. 

grieved by reason of the determina.tion made by the council he 
may, within twenty days after the date of such determination, 
appeal therefrom to the circuit court, and such appeal shall be 
taken, tried and determined and bonds for costs shall be given 
and costs awarded in like manner as in case of appeals from the 
disallowance of claims under this chapter ; provided, that in case 
any contract shall have been made for making the improvements 
said appeal shall not affect said contract, but a certificate against 
the lot in question for the amount of benefits assessed to such lot 
shall be issued notwithstanding such appeal ; and in case the ap- 
pellant shall succeed the difference between the amount charged 
in the certificate so issued and the amount adjudged to be paid 
as benefits accruing to the parcel of real estate described in such 
certificate shall be paid by the city at large or out of the ward 
fund as the council may direct. 

925 — 185. 

Remedy exclusive. Section 925 — 185. The appeal given 
by the last section from the report of the board of public works 
as confirmed by the council shall be the only remedy of the owner 
of any parcel of land or of any person interested therein affected 
by said improvement for the redress of any grievance he may 
have by reason of the making of such improvement or of the 
change of any established grade covered by said report. 

92 5 — 186. (Ch. 88, 1903.) 

Bids, advertisement for; contract. Section 925 — 186. 
When any of the works before mentioned shall have been ordered 
to be done and the plans for the same containing a description 
of the work, the materials to be used and such other matters as 
will give an intelligent idea of the work required shall have been 
filed with the city clerk where the same can be inspected by per- 
sons desiring to bid on such work, the board of public works 
shall advertise in the official paper of the city for bids for doing 
such work for such length of t'me as it may think the interest 
of the city demands, not less than once a week for four successive 
weeks. The board shall prepare, or cause to be prepared, a 
printed form for the contract, with sureties required, and fur- 
nish the same to all persons desiring to bid, and shall not con- 
sider any bid unless accompanied by a contract with sureties 
as prescribed by the form so furnished, completed, with the ex- 
ception of the signatures on the part of the city. The notice 
published shall inform bidders fully of this requirement. In 
every city Whether operating under a general or special char* 



GENERAL CHARTER LAW OF WISCONSIN. 113 

ter, no special assessment or certificate thereof or tax sale certifi- 
cate bas^ed thereon shall be held to be invalid for the reason that 
any contract which has been heretofore or may hereafter be let 
contains, on the part of the contractor, a guaranty or any pro- 
vision to keep the work done under such contract in good order 
or repair for a limited number of years, when such guaranty or 
provision was inserted therein for the purpose of insuring the 
proper performance of such work in the first instance. All such 
provisions in contracts for doing public work, inserted for tKe 
purpose aforesaid, are hereby legalized, and all such provisions 
shall be deemed prima facie to have been inserted far that pur- 
pose, unless the time during which the contractor is required to 
keep the work in good order or repair shall exceed five years. 
Right and authority is hereby given to such cities to insert in 
contracts for the pavement of streets with asphalt the provision 
that the person, firm or corporation entering into any contract 
with such cities for the paving of its streets with asphalt shall in 
said contract agree with such city to permit such city to reserve 
and keep in its possession an amount equal to ten per cent, of 
the total contract price for such work as a guaranty for the per- 
formance of the conditions contained in such contract; and fur- 
ther to furnish such city at the time of the making of such con- 
tract with a bond or undertaking in the sum equal to twenty- 
five per cent, of the contract price of such work, conditioned 
for the faithful performance of all conditions and covenants con- 
tained in such contract and particularly the provisions contained 
in such contract with reference to the keeping in good order 
and repair for a definite number of years the paving work done. 
Such bond or undertaking shall be executed by said person, firm 
or corporaticn and by some surety or guaranty company on their 
behalf. 

925 — 187. 

Rejection of bids. Section 925—187. The board of public 
works shall have power to reject any and all bids if, in their 
opinion, any combination has been entered into to prevent free 
competition ; otherwise the contract shall be let as prescribed in 
the subchapter entitled ''Board of public works." 

925 — 188. 

Certificate to contractor. Section 925 — 188. Whenever 
any work has been done under contract as provided in this sub- 
chapter and the same shall have been approved by the board of 
public works, the contractor shall be entitled to, a certificate there,- 



114 GENERAL CHARTER LAW OF WISCONSIN. 

for as to each parcel of land against which benefits shall have 
been assessed for the amount chargeable thereto. Said certifi- 
cate ishall be in such form as the board may prescribe. The 
amount chargeable to the city shall be paid as the contract for 
the work may provide. 

925—189. (Ch. 174, 1907.) 

Contractors' certificate: conclusiveness. Section 925 — 
189. 1. After the expiration of nine months from the date of 
said certificate the same shall be conclusive evidence of the legality 
of all proceedings up to and inclusive of the issue thereof, and 
it may be transferred by indorsement; 

Appeals. 2. This shall not affect any appeal- from the re- 
port of the board of public works as confirmed by the council. 

Payment. 3. If said certificates are not paid before the 
first day of November of the year in ivJiich they are issued! 
the same may on or before the fifteenth day of November 
of said year be filed with the comptroller in cities of the first 
class and with the city clerk in all other cities, and when so filed 
the comi:>troller's statement of special assessments to be placed 
in the next tax roll shall include an amount sufficient to pa> 
said certificates, with interest thereon at the legal rate from the 
date of such certificates, to the time when the city treasurer is 
required to make return of delincpient taxes, and thereafter the 
same proceedings shall be had as in case of other taxes, except 
that all moneys collected by the city treasiirer and all moneys 
collected by the county treasurer on account of such taxes, and 
all the tax certificates issued to the county on the sale of the 
property for such tax, if the same is returned delinquent, shall 
be delivered to the owner of the same on demand. 

925—190. 

Payment for work. Section 925 — 190. AVhen a contract is 
let for doing any work specified herein, and such work is charge- 
able to the real estate to be benefited, it may provide that the 
amount so chargeable may be paid with certificates against the 
lots or in special -improvement bonds, or the proceeds of the sale 
of such bonds, or that payment may be in paxt made in certifi- 
cates, part in cash and part in special improvement bonds or the 
proceeds thereof. 

925—191. 

Notice concerning bonds. Section 925 — 191. As soon as 
the amount chargeable to the real estate is finally determined the 



GENERAL CHARTER LAW OF AVISCONSIN. 115 

council may cause a notice to be published in the official paper 
substantially in the following form: 

City Improvement Notice. 

Notice is hereby given that a contract has been (or is about 

to be) let for ■ (describe the Avork and street) and that 

the expense of said improvement chargeable to the real estate 
has been determined as to each parcel of said real estate, and a 
statement of the same is on file AA^th the city clerk. It is pro- 
posed to issue bonds chargeable only to the real estate to pay the 
special assessments, and such bonds will be issued covering all 
of said assessments except in cases where the owners of the prop- 
erty file with the city clerk, w'thin thirty days after 'the date 
hereof, a written notice that they elect to pay the special assess- 
ments or a part thereof on their property, describing the same, 
on presentation of the certificates. 

925—192. 

Issue and execution of bonds. Section 925 — 192. After 
the expiration of said thirty days the council may issue special 
improvement bonds covering^ all of the assessments except such 
as the owners have filed notices of election to pay as provided in 
the preceding section. Said bonds shall be signed by the mayor 
and clerk, be sealed with the corpr^^ate seal of the city, and con- 
tain such recitals as may be necessary to show that they are 
chargeable only to particular property, specifying the same, and 
the number and amount of said bonds, and such other provis'ons ■ 
as the council shall think proper to insert ; such bonds shall in 
no event be a general city liability. 

925 — 193. (Ch. 132, 1899.) 

Terms and sale of bonds. Section 925 — 193. Said bonds 
may be annual or semi-annual interest coupon bonds or regis- 
tered bonds without interest coupons as the common craincil 
may direct, the total issue in each case shall be payable in annual 
installments for a period not exceeding ten years from the date 
of issue, and shall draw interest at a rate not exceeding six 
per cent, per annum, interest payable annually or semi-annually 
as the common council may direct; such bonds may be of such 
denomination as the common council shall determine and shall 
be sold at not less than par. The proceeds of the sale of such 
bonds shall be credited by the c"ty treasurer to the special fund 
for the improvement of such street or streets, and may be paicl 



116 GENERAL CHARTER LAA¥ OP WISCONSIN. 

to the contractor for such work when payment is due him and 
the council shall so direct, or the contractor may take such bonds 
as payment for work done with the permission of the council. 

925 — 194. 

Record of assessments. Section 925 — 194. The city clerk 
.^hall carefully prepare a statement of the special assessments on 
which the bonds are issued and record the same, together with a 
copy of said bonds, in his office. 

925 — 195. 

Payment of bonds. Section 925 — 195. The city treasurer 
shall, out of the special fund hereby created for that purpose, 
pay the interest on and the principal of said bonds as the same 
become due and charge the same to said fund. 

925 — 196. 

Collection of assessments — Redemption. Section 925 — 
196. In each year after the issuing of said bonds, until all of 
them are paid, when the tax roll for the year is prepared suffi- 
cient of the special assessment on each parcel of land covered by 
said bends to pay the annual installment of the pr'neipal and the 
interest on the amount of sa'd special assessment then unpaid 
shall be extended on the tax roU as a special tax on said prop- 
erty, and thereafter this tax shall be treated in all respects as 
any other city tax, and when collected the same shall be a special 
fund for the payment of such bonds and interest, and shall be 
used for no other purpose. Any bondholder or bondholders may 
redeem from any tax sale, as fully as if owners of the land, un- 
der section 1165. 

925 — 197. 

Limitation of actions. Section 925 — 197. Every action or 
proceeding to avoid any of the special assessments or taxes levied 
pursuant to the same, or to restrain the levy of such taxes or the 
sale of lands for the ncu-payment of such taxes, shall be brought 
within nine mcnths from the end of the period of thirty days 
limited by the city improvement notice provided for by section 
925 — ^191, and not thereafter. This limitation shall cure all de- 
fects in the proceedings, and defects of power on the part of the 
officers making the assessment, except in cases where the lands 
are not liable to the assessment, or the city has iio power to 
make any such assessment, or the amcunt of the assessment has 
been paid or a redemption made. 



General charter law of Wisconsin, iit 

925— 197a. 

Foreclosure of bonds; procedure; lis pendens. Section 
925 — 197a. The special i-miDroyement bonds herein mentioned 
shall be a lien against all lots, parts of lots or parcels of land 
against which special assessments have been made, Avhich lien 
shall take precedence of all other claims or liens thereon, and 
when issued shall transfer to the holders thereof all the right, 
title and interest of such city in and to the assessment made on 
account of the improvement mentioned therein and the liens 
thereby created, with full power to enforce the collection thereof 
by foreclosure in the manner mortgages on real estate are fore- 
closed; but the time of redemption therefrom shall be fixed by 
the court, and a copy of the bond foreclosed may be filed as a 
part of the judgment roll in said action in lieu of the original 
thereof. If within ninety days after the connnencement of the 
annual sale of lands for taxes the amount to pay any instalment 
of principal or interest shall not have been collected by the city, 
the owner or owners of at least one-third in par value of the 
bonds issued on any single improvement may proceed in his or. 
their own names to collect the same by foreclosure thereof, and 
shall recover, in addition to the amount of said bonds and 
interest, all costs against the property of the party or parties 
in default; provided however that the owner of any property 
covered by such bonds, or the holder of a lien thereon or other 
person interested in the property may redeem the same at any 
time before judgment by paying to the county clerk the amount 
due against such preperty, together with ten per cent, addi- 
tional thereon, which shall be in full for all costs chargeable 
to such property in such action. Any number of the holders 
of such bonds for any single improvement may join as plaint- 
iffs in any s:uch action, and any number of the OT^Tiers of or other 
persons interested in the property covered by the assessment 
upon which such bends are issued and on which they are a 
lien may be joined as defendants in any such action ; and in case 
more than one action of foreclosure shall be conmienced upon the 
bonds issued on account of a single improvement such actions 
may be consolidated. Any holders of bonds for the same im- 
provement who do not join as plaintiffs may be made defendants 
and their rights adjudicated in the action. Such bonds shall 
be equal liens upon the property for the assessments represented 
by them, without priority one over another, to the extent of 
the several assessments against the lots and parcels of land 
against which the special assessments shall have been made. 
Upon the commencement of any such action the plaintiff shall 



118 GENERAL CHARTER LAW OF WISCONSIN. 

cause a notice thereof to be filed in the offices of the county 
clerk and county treasurer, designating the particular property 
affected by such foreclosure; and thereafter no redemption of 
any such property from such assessments shall be had without 
payment of all costs theretofore accrued in such action except 
as hereinbefore provided. 

-925 — 199. 

Care of parks. Section 925 — 199. Until such time as the 
council shall provide for a board of park commissioners the 
public parks shall be under the charge of the board of i^ublic 
works. 

925 — 200. (Ch. 93, 1909.) 

Public parks. Section 925 — 200. i. The council shall have 
full power to legislate with reference to public parks. 

Curtive clauses. 2. All proceedings heretofore taken hy 
any city for the csfahlisJinient of parks at t]i^3 expense of the 
city, v'ithout first /lavhif/ mhmitted the question of such estah- 
lishment to a vote of the electors, are hereby declared to he valid. 



Chapter XIX. — Sidewalks. 

925 — 201. 

Grade of. Section 925 — 201. In all cases where the grades 
of sidewalks shall not have been specially fixed by ordinance 
the sidewalks shall be laid to the established grade of the street. 

925 — 202. 

How constructed* Section 925 — 202. The council may 
from time to time by resolution establish the width, determine 
the material and prescribe the method of construction of stand- 
ard sidewalks, and the standard so fixed may be different for 
different streets. 

925 — 203. 

Contract; expense. Section 925 — 203. Whenever a street 
shall be improved for the first time or the grade thereof 
changed and the street improved so as to conform to the new 
grade, the grading of the sidewalks shall be considered a part 
of the improvement, shall be let by contract with the other work 
of improving such street, and the expense thereof shall be pro- 



* Section 925—198 repealed by Chap. 32, 1897. 



(JENERAL CHARTEil LAW OP WISCONSIN. llD 

vided for and borne in all respects like that of improving the 
street, but the construction of the sidewalk shall be done by the 
owners of the abutting lots or parcels of land or at their expense 
as hereinafter provided. 

92 5—2 04. (Ch. 425, 1909.) 
Sidewalks; how laid. Section 925—204:. 1. It shall be 

the duty of the owner of every lot or parcel of land abutting 
upon any street, or streets to lay at his own expense such side- 
w^alk as shall be ordered by the city council, in the same manner 
and under the same procedure as is provided in subsection 2 of 
this statute. 

Replacing; notice. 2. (Ch. 674, 1907.) And whenever the 
board of public works -or officjrs performing the duties of such 
hoard shall have declared any sidewalk or part thereof unsafe, 
defective or insufficient, and required the same to be removed or 
replaced wdth a new sidewalk, it shall be the duty of the owner 
of every lot or parcel of land abutting upon that portion of the 
street or streets upcn w^hich said sidew^alk ordered to be re- 
moved is situated, at his own expense wdthin ten days after 
the service upon such owner or upon Jiis agent or in case such 
oicner or his agent cannot he found ivithin the city in which 
said lot or yurcd of land is situated, ivithin ten days after the 
puhUcation in the official paper of such city, of a copy of a 
written order or resoJution adopted by the board of public works 
or officers perf opining the duties of such hoard requiring such 
removal, to lay such sidewalk, in place thereof, all according to 
the requirements of said order or resolution. 

925 — 205. (Ch. 425, 1909.) 

Default of lot owner; laid by city. Section 925 — 205. 1. 
Whenever the owmer of any lot or parcel of land so abutting 
upon any street or streets shall neglect to lay such sidewalk as 
provided for in the preceding section, it shall be the duty of the 
board of public works or officers performing the duties of such 
board to cause such sidewalks to be laid in front of such lot or 
parcel of land ; and whenever the owner of any lot or parcel of 
land abutting upon that portion of any street or streets upon 
which any sidew^alk ordered to be removed or laid is situated 
shall neglect for twenty days after the service upon such owner 
or upon his agent or in case such owner or his agent cannot be 
found within the city in which such lot or parcel of land is 
situated, within ten days after the publication in the official 



120 GENERAL CHARTER LAW OF WISCONSIN. 

paper of sneh city, of a copy of a written order or resolutioji- 
adopted by the board of public works, or officers performing 
the duties of such board, directing such Imjing, removal and re- 
building to lay such sidewalk according to the requirements of 
the order or resolution of such board of public works or officers 
performing the duties of such board. It shall be the duty of 
such board of public works or officers performing tlxe duties of 
such board io lay sucJi Jieiv sidewalk or to remove such defective, - 
unsafe sidewalk and to replace the same with such sidewalk in 
accordance with the requirements of said order or resolution. 

Contract. 2. (Ch. 674, 1907.) Such sidewalk in all cases 
shall be constructed by contract. 

Repair. 3. (Ch. 674, 1907.) And in all cases Avhere the 
sidewalk shall he out of repair should auy portion thereof 
be in such condition that the board of public works or oj- 
ficers performing the duties of such hoard do not deem it 
necessary to order the removal of the whole thereof, it shall be 
the duty of the board of public works or officers performing ihe 
duties of such hoard to repair or cause the same to be repaired. 

Expense. 4. (Ch. 674, 1907.) Tlie board of puhlic luorks 
or officers performing the duties of sucJt hoard shall keep an 
accurate account of the expenses . f laying and repairing side- 
walks in front of each lot or parcel of land whether the work be 
done by contract or otherwise, and to report the same to the 
comptroller who shall annually prepare a statement of the ex- 
pense so incurred in front of each lot or parcel of land and re- 
port the same to the city clerk, and the amount therein charged 
to each lot or parcel of land shall be by such clerk entered in . 
the tax roll as a special tax against said lot or parcel of land, 
and the same shall be collected in all respects like other city 
taxes upon real estate. 

Contract: payment; certificate against lot. 5. (Ch. 425, 
1909.) Provided that in case the laying or repairing of any 
sidewalks, as above provided, shall be done by contract, such con- 
tract may provide that any person to whom a contract is 
awarded for the laying or repair of such sidewalk, shall re- 
ceive in payment certificates against the lot or parcel of land 
in front of which such sidewalk is laid or repaired, and it 
shall be the duty of the board of public works or officers per- 
forming the duties of such board, after the completion and ac- 



GENERAL CHARTER LAW OF WISCONSIN. 121 

eeptance of such work to issue such eertifieates on the request 
of the person entitled to receive them. 

Certificates. 6. All such certificates shall be signed by the 
mayor and clerk, count er.dgned by the comptroller and de- 
livered to the person entitled to receive the same, said certifi- 
cates shall be proceeded with and shall have the same affect 
as other certificates given for street improvements chargeable 
to lots or parcels of land, as provided in section 925—189. 

Repairs. 7. It shall be the duty of the owner of every lot or 
parcel of land abutting upon a street to keep in repair the 
sidewalk in front of such lot. Such duty shall be enforced and 
such repairs made, and .the cost thereof assessed and collected, 
in case the owner shall fa'l to make them, by the same officers 
and in the same manner as prescribed in this and the preced- 
ing section foi- the enforcement of the duty to lay and the lay- 
ing and collecting the cost, if necessary, of new sidewalks. 

925 — 205a. (Ch. 20, 1899.) 

When to be maintained at expense of city. Section 925 
— 205a. Whenever the council shall by resolution or ordinance 
so determine, the sidewalks of the city shall be maintained and 
kept in repair by and at the expense of said city, after such 
sidewalks shall have been first laid by the lot owner and ac- 
cepted and approved by said city. 

925 — 206. 

Snow and ice. Section 925—206. It shall be the duty of 
the board of publ'c works to keep the sidewalks of the city, clear 
of snow and ice in all cases where the owners or occupants of 
the abutting lots fail to do so, and the expense of so doing in 
front of any lot or parcel of land shall be included in the state- 
ment to the comptroller required by the last section, and in his 
statement to the city clerk and in the special tax to be levied 
as therein provided. 

925 — 207. 

Rules. Section 925—207. The council may from time to 
time make all needful rules and regulations by ordinance for 
carrying the aforesaid provisions into effect, for regulating the 
use of the sidewalks of the city and preventing their obstruction. 



1S2 GENERAL CHARTER LAW OP WlSCONSiN. 

Chapter XX.- — Sewers. 

925—208. 

Districts. Section 925 — 208. All cities shall have full 
power to construct systems of sewerage and to provide for the 
payment of sewers by the city, by sewerage districts or by abut- 
ting property owners, but no city shall enter upon such con- 
struction until it shall have been divided into sewerage districts 
and a plan shall have been adopted in the manner hereinafter 
specified; provided, that it shall not be necessary before any 
part of the system is constructed that the plan shall be deter- 
mined upon in all its details, but it shall be settled so far as re- 
lates to that i^ortion of the system upon which the construction 
is commenced; and provided further, that this section shall not 
apply to cities heretofore divided into sewerage districts and 
which have adopted a system of sewerage. 

925 — 209. 

Plans and diagrams. Section 925 — 209. The board of 
public works shall cause diagrams of the plans of the sewerage 
for each district to be prepared showing the lots and parcels oi 
land, the main sewers, minor sewers, man-holes, catch-basins 
and all other matter pertaining to the system. 

925 — 210. 

Notice. Section 925 — 210. On the completion of such dia- 
gram notice shall be given in the official paper of the city sub- 
stantially in the following form: 

Notice is hereby given that a plan for sewerage for the dis- 
trict bounded as follows: , has been prepared and is now 

open to inspection at the office of the city clerk. All persons 
owning or interested in real estate in said district are entitled 
to examine the same at any time within thirty days after the 
first publication of this notice and file objections to said plan. 

On the day of , 18—, this board will be in session to 

consider any objectioiis that may have been filed, and all per- 
sons desiring to be heard before the board can then be heard. 

Dated . , 



Board of Public Works. 

The day for the liearing specified shall l)e within thirty days 
after the last publication (,f said notice, which shall be pub- 
lished at least once in each week for four successive weeks. 



GENERAL CSAilTER LAW 0^ WISCONSIN. 123 

925—211. 

Hearing; r&port. Section 925 — 211. On the day specified 
for said hearing the board shall take np and consider all ob- 
jections made to the plan as proposed, and take down in writ- 
ing any testimony that may be offered to. sustain said objections. 
When the board shall have conclnded said hearing they shall 
report the proposed plan, with the objections, their rulings 
thereon and the evidence taken, to the council. The council 
shall then examine the same and may approve the plan as pro'- 
posed or change it in .such manner as they think proper, and 
approve as changed or modified by them, or may reject the plan 
and direct the board to propose a new plan, in which case pro- 
ceedings shall be had as before. 

92 5 — 212. 

Filing diagrams. Section 925 — 212. When the plan for 
any sewerage district is finally determined complete diagrams 
of the same shall be prepared in duplicate and certified to be 
correct by the board of public works ; one of such diagrams shall 
be filed in the office of the city clerk and one in the office of 
the register of deeds of the county within which the city is 
located. 

925 — 213. 

Report and action thereon. Section 925 — 213. On or be- 
fore the first Monday of JMarch in each year the board shall pre- 
sent to the council a report of the sewers necessary or advisable 
to be constructed during the ensuing year. The council shall, as 
soon as practicable, consider said report; they may approve the 
same or make such additions or changes as to them seem best and 
adopt the report as changed or modified. No sewer shall be 
constructed during the ensuing year, except such as shall have 
been determined upon in the manner aforesaid, unless by a vote 
of three-fourths of all the members of the council. The board 
shall proceed to construct the sewers determined upon when and 
as ordered by the council. 

925—214. (Ch. 221, 1907.) 
Sewers : plans, specifications ; bids ; construction by city. 

Section 925—214. After the council shall have ordered the con- 
struction of any sewer the board of public works shall advertise 
for and receive bids to do the work so ordered, having first pro- 
cured to be carefully prepared and put on file in the office of 
the board, for the examination and guidance of bidders, plans 



124 GENERAL CHARTER LAW OF WISCONSIN. 

and specifications describing the work to be done and the kinds 
and qualities of materials to be used, as directed by the council, 
and shall let the contract to the lowest responsible and reliable 
bidder; provided, however, that the board shall have the right 
to reject all bids and readvertise for proposals if they believe 
none of the bidders are responsible or that any agreement has 
been entered into between bidders to prevent competition; and 
provided, further, that the contract shall not be binding till 
approved by the council and countersigned by the comptroller. 
Whoi no proper hids shall he reeeivecl for any such work the 
council, hi) a two-thirds vote of all iis memhers, may direct that 
such ivorh he do)\e loidrr 1he supervision of such officer or of- 
ficers as it shall designate. 

925—215. 

Payment of contractor. Section 925 — 215. Such contract 
may, at the option of the city, except as herein otherwise pro- 
vided, require the contractor to receive as payment for so much 
of the work as has been assessed against the lots opposite to the 
front of which any such sewer shall extend, certificates against 
such lots respectively, or improvement bonds, and the residue 
of such contract shall be paid out of the proceeds of the general 
sewerage tax to be levied on- the real estate and personal prop- 
erty within the sewerage district by the council on the recom- 
mendation of the board of public works. 

925 — 216. (Ch. 215, 1901.) 

Assessments; notice. Section 925 — 216. Before any con- 
tract for work under this subchapter, to be paid for in whole or 
in part by such assessment shall have been entered into, the 
board of public works, or, if there be no such board, the officer 
or officers designated to discharge its duties, shall make an as- 
sessment against all lots, parts of lots and parcels of land front- 
ing or abutting on the work so contracted to be done on each 
s!cle of the same for its whole length, and which have not been 
before so assessed for sewerage purposes, at an even rate not ex- 
ceeding two dollars nor less than twenty-five cents per linear foot 
on each side of the street of the whole frontage of each lot, part 
of lot or lots or parcel of land fronting or abutting on each side 
of said sewer, except corner lots which shall be assessed therefor 
as follows: Corner lots net sub-divided in ownership, and sub- 
divisions of such lots, constituting the actual corner of corner 
lots, sub-divided in ownership, shall be entitled to a deduction in 
making such assessments of one-third from the aggregate of the 



GENERAL CHAETER LAW OF WISCONSIN. 125 

T street lines of such corner lot or corner sub-division thereof, 
on all the streets in front thereof ; such deduction to be made in 
the assessment of the longest street line of such corner lots or 
corner sub-divisicus thereof, or in case of equal street lines there- 
of in the assessment for the second sewer to which they are liable. 
Whenever any lot is sub-divided which as originally platted 
fronts or abuts in any sewer and the subdivisicns thereof are 
owned by different persons, no subdivisions of such lots not 
fronting or abutting on such sewer and nrt owned by the same 
person who owns the sub-division fronting or abutting on such 
sewer shall be assessed for the coit of such sewer. Before any 
such as£essment shall be made, notice of at least seven days 
shall be given by said board by publication in the official paper 
to the effect that such board will meet at a certain time and 
place for the purpose of making such assessment and that all 
persons interested may appear and be heard upon the matter 
of the assessment, and the apportionment of the expense herein 
provided for among the lots in the sewerage district. At least 
one day prior to such hearing the board shall make and file in 
its office a plat, report or table intelligibly exhibiting the sums 
to be assessed on all the lots in the district which plat, report 
or table shall be open to public inspection. 

925 — 217. 

Apportionment of benefits on subdivision of lot. Section 
925 — 217. Whenever any lot or parcel of land shall be sub- 
divided by sale or otherwise after the assessment of benefits 
accruing to it by a system of sewerage shall have been made and 
before such system shall have been fully carried out and ex- 
tended to such lots assessed and the assessment on such work 
paid, any party interested may give notice to the board of such 
sub- division, and in such case or when the said board shall in 
any other way become cognizant of the fact of such sub-d'vision 
they may make an equitable apportionment of the said benefit 
tax against any lot between the different parcels of it; if by 
neglect of the owners of the let so divided no such apportion- 
ment shall be made then the entire lot shall be liable for the 
whole tax. 

925 — 218. (Ch. 215, 1901.) 

Cost of sewers, how paid. Section 925—218. The cost of 
all sewers in street and alley crossings and of all sewers in excess 
of the amount per linear foot chargeable to lots and lands as 
provided in section 925 — 216 of all catch-basins for receiving 



126 GENERAL CHARTER LAW OF WISCONSIN. 

water from the gutters and of the overflow pipes connecting them 
with the sewers of all temporary catch-basins, of repairing and 
cleansing of sewers and all expenditures for temporary work ne- 
cessary to carry on the system of sewerage herein provided for, 
and all the cost cf constructing sewers not provided for by special 
assessment, shall be paid out of the fund of the proper sewerage 
districts; and all cleaning and repairing of sewers and catch- 
basins and all temporary Avork necessary to be done as above 
stated shall be done by the authority of the board of public works, 
as may be necessary or by the officer or officers discharging the 
duties of such board. The cost of constructing the main sewers 
within the city limits or extending beyond the same may be paid 
for in whole or in part by the city out (if the general fund or 
out of the funds of the proper sewerage district, or by abutting 
property owners, as the common council shall by ordinance direct. 

925—219. 

, Collection of tax. Section 925—219. The board of public 
works, or the officer or officers designated to discharge its duties, 
shall report to the council, on or l)efore the first day of October 
of each year, as accurately as may be the amount of money re- 
quired for sewerage purp sos for that year in each district in 
addition to the special a-sessnients made; and the council may 
direct the levy and colk^ction of a tax for sewerage purposes 
in each district or such amount as may be necessary, not, how- 
ever, to exceed in any one year the sum of five mills on the dol- 
lar on all property subject to taxation in any such sewerage 
district, which tax shall, when collected, be placed in the fund 
of the sewerage district in which the same has been collected. 
The city treasurer shall keep a separate and distinct account 
with each such district. 

925—220. (Ch. 215, 1901.) 

Contractors, how paid. Section 925 — 220. Any person to 
A¥hom a contract is awarded for tlie ctmstruction of a sewer, shall 
receive in payment certificates against the lots, parts of lots or 
parcels of land so as heretofore directed to be assessed, so far as 
the i^ame will go in liquidation of the amount of such contract 
and shall be entitled to receive city orders for the balance due, 
payable only out of the fund of the proper district, and it shall 
be the duty of the board of public works, after the completion of 
any contract and acceptance of the work, to issue such certificates 
on the request of the person entitled to receive them, and where 
^ny sum is found to be due a contractor over and above the 



GENERAL CHARTER LAW OF WISCONSIN. 127 

amount of certificates ko to be signed and receive in part pay- 
mentj to certify the same to the council which may direct an 
order to be drawn for the payment of such sum. All certifi- 
cates of special assessments for build'no; sewers shall be signed 
by the mayor and clerk, countersigned by the comptroller and 
delivered to the persons entitled to receive the same, said certifi- 
cates shall be proceeded with and shall have the like effect as 
other certificates given for street improvements chargeable to 
lots, as provided in section 925 — -189. 

925 — 221. 

Sureties to contracts. Section 925 — 221. All crmtracts 
entered into by the board of public vrorks under this subchapter 
shall be with sureties approved as to form and execution by the 
city attorney, and before taking effect shall be signed by the 
mayor and clerk and countersigned by the comptroller. 

925 — 222. 

Powers of board of public works. Section 925 — 222. In 
all cases the work shall he sul)ject to the superintendence and di- 
rection of the board of public works, and no contractor shall be 
entitled to recover compensation for any Avork executed by him 
unless such work shall have been approved by said board; pro- 
vided, that sa'cl board may, from time to time as the work pro- 
gresses, at their discretion, grant to any contractor for a sewer 
an estimate of the amount and proportionate value of the work 
done, withholding in all cases twenty-five per cent, of said esti- 
mate, which shall entitle the ho'der to receive the amount thereof, 
less- such twenty-fi.ve per cent., from the proper fund. 

925 — 223. (Ch. 220, 1907.) 

Streets: paving; lateral sewers, drains; laying expense. 
Section 925 — 223. Whenever the council shall order the paving 
or repaving of any street hi which water, gas mains and sewers 
or either of them shall have been previcaisly laid or constructed, 
they may also by resolution require water and gas service pipes 
and hou.se drains to be first laid in such street, at the cost of the 
property fronting thereon, from the main sewer, water and gas 
mains in such street to the curb line on either side thereof, at 
such intervals as the council shall direct, along the whole length 
of such paved street, except at street and alley crossings, and 
notice shall thereupon be given to the owners or occupants of the 
property adjoining such street, by publication thereof for six days 
in the official paper, requiring them to do such Avork opposite 



128 GENERAL CHARTER LAW OF WISCONSIN. 

their respective lots according- to plans and specificatio'ns to be 
before prepared and filed in the office of the board of public 
works, city clerk or city surveyor, as the council shall prescribe, 
showing the location and size and the k'nd and quality o-f mater- 
ial of such lateral sewers or drains and water and gas service 
pipes ; and if such owners or occupants shall refuse or neglect to 
do the same before the paving or repaving of said street so or- 
dered and within ten days after publication of such notice, the 
board of pubh'c works or the officer or officers discharging the 
duties thereof may procure the same to be done. 

Such hoard of piihlic ivorlis or iJie officer or officers discliar g- 
ijifj the duties thereof sJiall Jxcep an accurate account of the ex- 
[knses of putti)ifj in such lateral sewers or drains and water and 
gas service pipes in. front of each lot or parcel of land, whether 
the ivork he d,one by contract or otJierwisc, and, report the same 
to thj comiUroller or city clerk who >Jiall annually prepare a 
statement of the expense so incurred in front of each lot or 
parcel of land, and report the same to the city clerk, and the 
amount tit ere in charged to each lot or parcel of land shall he 
hy such clerk ode red in the tax roll as a special tax against 
mid lot (>)■ pared of land, cnid tli-r same shall he collected in all 
respects like other city taxes upon real estate; provided, that 
no street shall be paved, ot reptn^ed by order of the council 
unless the water and gas mains and s-ervice pii)es and necessary 
sewers and their connections shall, ais required l)y the council, 
be first laid and constructed in that portion of such street so 
to be paved or repaved. 

925 — 224. 

Private drains. Section 925 — 224. It shall be the duty of 
the said board to see that private drains and sewers are con- 
structed from every lot in said city which in their judgment re- 
quires it, and that such drains or sewers are made to communi- 
cate with the public sewers in a proper manner, and they may 
require such number of drains and sewers to l)e constructed as 
they deem expedient. 

925 — 225. 

Form and construction of. Section 925 — 225. The said 
board shall prescribe the location, arrangement, form, materials 
and con struct: on of every drain and sewer for every lot empty- 
ino- into the public sewers and determine the manner and plan 
of the ccnnection of the same ; the work of construction shall be , 
in all cases subject to the superintendence and control of said 



GENERAL CHARTER LAW OF WISCONSIN. 129 

board and be executed in compliance with their orders; but the 
cost of such private sewers shall not be included in the estimate 
of the cost of the general plan of sewerage in any district and 
shall be charged upon the lot or lots for the benefit of which they 
shall be constructed. 

925 — 226. 

Construction of private drains. Section 925 — 226. The 
said board shall have at their office, ready for the examination 
of the parties interested, the specifications of any private drains 
or sewers so ordered to be constructed, and shall give to the lot- 
owners six days' notice in the official paper to construct the 
same, designat'ng therein a reasonable time within which the 
work shall be completed; and in case any lot-owner neglects to 
do the work required of him to be done within the time so speci- 
fied they shall advertise for proposals ^nd let the same by con- 
tract, and at the completion of the contract shall give to the con- 
tractor a certificate or certificates against such lot or lots, which 
shall be proceeded with and shall have the like effect as other cer- 
tificates g^ven for work chargeable to lots. 

925 — 227. 

Contractor may enter on lot. Section 925—^227. Any per- 
son who has taken such contract to construct a private drain or 
sewer from -duy lot may enter upon such lot and construct there- 
on such drain or sewer, and shall have free ingressv and egress 
upon the same with men for that purpose, and may deposit all 
the necessary building materials and generally do and perform 
all things necessary to a complete execution of the work. 

925 — 228. 

Connection of private drains. Section 925^228. No 
private drain shall be connected with any public sewer without 
a permit therefor having first been issued in such manner as the 
council shall hav^ provided. 

925 — 229. 

Wrongful connection, obstruction, etc. Section 925 — 
229. No person shall be required to make connection with any 
public sewer until his lot or part of lot is so used or improved as 
to make such connection desirable ; and no person shall break 
open or make such connection except by the consent and direc- 
tion of the board of public works or the officer or officers dis- 
charging their duties, and any person who shall do so, or who 
9 



130 GENERAL CHARTER LAW OF AVISCONSIN. 

shall wilfully or maliciously obstruct, clamag:e or "injure any 
public or private server or drain, or wilfully injure any of the 
material employed or used for the purjioses of sewerage shall be 
fined not more than five hundred dollars or be imprisoned in the 
county jail not to exceed three months. 

925 — 230. 

Sewers, where laid. Section 925^230. Any contractor 
or other person acting under the direction of the board of public 
worl^ may lay sewers in and through any alleys and streets, and 
through any breakwater into any lake, and also in any high- 
ways of the county, whether within the limits of said city or not; 
provided, that it shall be the duty of such contractor to repair 
such streets, alleys, breakwaters and highways and restore the 
same to their former condition upon the completion of such 
sewers. • 

925 — 231. 

Diagrams, effect of. Section 925 — 231. Either of the 
duplicate diagrams filed as the final determination for a plan of 
sewerage for any district, after the expiration of nine months 
from the date of such filing, shall be conclusive proof of the regu- 
larity of the proceedings to establish the plan of sewerage shown 
on such diagram. 

925 — 232. 

Plan, how changed. Section 925 — 232. When a plan of 
sewerage has been, finally determined upon it shall not be 
changed except by a vote of three-fourths of all the members of 
the council in favor of the same; such change shall be by ordi- 
nance, passed at a regular meeting, after the same, as proposed, 
shall have been published at least once in each week for two suc- 
cessive weeks in the official paper. 

925 — 233. 

New diagrams; effect of. Section 925 — 233. When such 
change shall have been determined upon duplicate diagrams shall 
be prepared, certified and filed as before, showing the plan of 
sewerage as changed, and after nine months from the date 61 
such filing the said duplicates shall be conclusive proof of the 
regularity and legality of the proceedings to establish such plan ; 
if any change made renders useless any existing sewer the ex- 
pense of such change shall be paid by the general fund. 



GENERAL CHARTER LAW OF WISCONSIN. 131 

925 — 234. 

Improvement bonds; notice of issue. Section 925 — 234. 
AA^henever a contract shall have been let for the construction of 
any sewer and the amounts have been determined that are 
clmrgeable to the lots or parcels cf land abutting on the streets 
or alleys through which said sewer is to be constructed, if the 
council deems it for the best interest of the property owners 
affected by the special assessment for the construe tir.n of said 
sewer it may cause a notice to be published in the offic'al paper 
once in each week for two successive weeks, substantially in the 
following form : 



Improvement Bonds for Sewerage Assessments. 

Notice is hereby given that a contract has been let for the con- 
struction of a sewer as follows (describe the street or alley) ; 
that a statement shewing the amount of the special assessment 
chargeable to the lots and parcels of real estate benefited by said 
sewer .or ahutting on the street (or alley) through v>^hich said 
sewer is to be constructed is now on file with the city clerk; all 
parties who desire to pay the special assessment on presentation 
of the proper certificate are hereby recpiired to file their notice 
to that effect with the said clerk before the expiration of thirty 
days from the date of th:s notice ; the city will issue its six per 
cent, semi-annual interest coupon bonds payable in annual in- 
stalments for an amount sufficient to cover the special assess- 
ments which the parties owning the property do not elect to pay 
on the presentation of certificates in the manner stated; said 
bonds will be a charge upon the particular lots only against 
which said spec:al assessments are levied. 

Dated this day of , 18—. 

— , City Clerk of the City of . 

925 — 235. (Ch. 170, 1907.) 

Sewerage bonds: issue. Section 925 — 235. 1. The 

council sliall ilicn Jiavc the power to issue sucJt bonds for 
an amount sufficient to cover eiJI special assessments which tJie 
parties elo not elect to pay in accordance with such notice. Said 
bonds may be annual or semi-annual interest coupon bonds, 
or registered bonds without interest coupons, eis the -council may 
direct. The total issue in each case, shall be payahle in annual 
installments for a perioel not excC'cding ten years from the date 
of issue, anel shall draw interest not exceeding six per cent, per 



132 GENERAL CHARTER LAW OF WISCONSIN. 

aniiuni. iiiU rest paya'blc anniialUj, or s< ini-annually, as iJtc com- 
mon council may direct. 

Form.. 2. Such ' honds ^:liall specify on their face that 
they are sewerage bonds, and ^hall contain such recitals as 
may be necessary to show that they are chargeal)le only to partic- 
ular property, specifying the same, and the number and amount 
of said bonds, and such other provisions as the council may thin]-: 
proper to be inserted ; they shall b ^ signed hy the mayor and 
clerk and sealed with the corporate seal ()f the city. . S'lch sewer 
improvement Ixmds shall in no event be a general city liability. 

925 — 236. 

Bonds, hov/ sold. Section 925 — 236. Any portion or any 
instalment oi' iiistabiK^nts of said l)onds may be sold by the 
council at not le>s than par value, and the proceeds, on being 
collected l)y the city treasurer, shall l)e i)aid to the sewerage con- 
tractor wlien due him; or the contract may provide that the con- 
tractor shall take the ])onds as payment on his contract at their 
par value, Init he shall be charged vaXh accrued interest. 

925—237. 

Payment of bonds. Section 925 — 237. The city treasurer 
sliall pay tlie interest on and principal of said bonds as the same 
l)econu^ due and cliarge the amount to the proper fund. 

925—238. 

Assessments, collection of. Section 925 — 238. In each 
year after the issuing of said bonds, until all of them are paid, 
A\ hen the tax roll for the year is prepared sufficient of the special 
assessment on each parcel of land covered by said bonds to pay 
tlie annual instalments of principal with the interest on the 
amount of said special as essment then unpaid shall be extended 
on the tax roll a^s a, special tax against the property, and there- 
after such tax shall be treated in all respects as other city taxes, 
and when eo'lected shall coiustitute a spec'al fund for the pay- 
ment of such bonds and interest and shall be used for no other 
purpose. Any bondholder interested in the particular district 
may have the same right of redemption as any other person un- 
der the provisions of section 1165. 

925 — 239. 

Change of system. Section 925 — 239. Whenever any city 
shall have adopted a system of sewerage, and in the C[>in:on of 



&ENEEAL CHARTER LAW OF WISCONSIN. 133 

the council such system has proved insufficient, inadequate or 
dangerous to the public health, such council shall have full 
l^ower to alter or amend the same and adopt more approved 
methods, and to so change the system as to obviate the objections 
to the existing system, either by altering or modifying the same 
or by abandoning it and adopting an entirely new system. In 
case the council shall decide to amend its system or adopt a new 
one it may proceed in the mode prescribed in this subchapter or 
by the law in pursuance of which such sewer or sewers were 
constructed to make the necessary plans, surveys, specifications 
and estimates, to let contracts and assess the expense of such 
work upon the lots or parcels of land thereby benefited, or in the 
discretion of the council it may cause the whole cost of such con- 
struction, alteration or change to be borne by the city, or to cause 
such portion of the estimated cost of construction, alteration or 
change of sewers as it shall designate to be borne by the city 
and the balance to be assessed upon the lots or parcels of land 
which may be benefited. It shall be lawful for any such city to 
issue its coupon bends for an amount sufficient to cover the cost 
of constructing any such sewers, which bonds may bear interest 
at a rate not exceeding six per cent, per annum a.nd become due 
at such time as the council shall determine, as provided in this 
subchapter. 

925 — 239a. 

Special taxes for sewers, vote on. Section 925 — 239a. 
The council of any city of the second or third classes, whether 
existing under this chapter or special law, may lew^^, for a term 
not exceeding five years, a special tax not exceeding one-fourth 
of one per cent, per annum upon all the property taxable in 
such city for either of the following purposes : 

1. For the planning, construction and completion of a general 
system of sewers and drains or either of them. 

2. For the planning, construction and completion of any 
change or reconstruction of an established system of sewers and 
drains or either of them; or 

3. For such portion of the expense of such planning, construe-' 
tion and completion as said council may not find it lawful or 
expedient to charge to the particular property benefited thereby 
in the manner provided by the charter of such city or by this 
chapter. 

Before any such tax shall be levied or any contracts or obli- 
gations entered into in contemplation thereof said council shall 
cause to be made and prepared a plan and specifications for the 



134 GENERAL CHARTER LAW OF WISCONSIN. 

improvement proposed to be made, together with an estimate by 
the city engineer or surveyor, as the ease may be, of the probable 
ccst of such improvement; and said council shall adopt and 
cause to be published, together with an abstract of the plan 
aforesaid and the engineer's eistimate thereon, in the official city 
paper a resolution submitting to the electors of said city the 
question whether a special sewerage tax in an amount and for a 
number of years to be specified in said resolution, and not ex- 
ceeding the limits aforesaid, shall be levied, and shall accompany 
sa'd publication with a notice that said question will be sub- 
mitted to a vote of such electors at a time therein to be named. 
Such vote shall be taken not more than sixty nor less than 
twenty days after the publication of the said plans, estimate and 
resolution in the manner other municipal elections are held in 
such cities, and may be held either at the regular municipal elec- 
tion or at a special election to be held for the purpose, and in 
either caze the votes shall be received, counted and canvassed by 
the officers and in the manner prescribed for regular municipal 
elections. The ballots for such election shall in all cases be upon 
a separate ticket, and shall read : 





Yes. 


No. 


For sewerage tax 













Said ballots shall be marked in the manner prescribed by chap- 
ter 5. If a majority of all the v:.tes cast upon said question 
shall be in favor of such sewerage tax then the council may ad- 
vertise for bids and let the contract for such work to the lowest 
bidder or bidders, if the lowest bid shall be deemed reasonable, 
and levy an annual tax not exceeding the amount and for the 
time authorized by the electors, which tax shall be placed upon 
the tax roll and collected in the same manner as other special 
charges. No city shall contract to pay more in any one year 
pursuant to this section than the amount of the ' special fund 
available in such year ; but the proceeds of any such tax may be 
anticipated by the issuance of special sewerage bonds in the 
manner and under the limitations prescribed by this chapter, 
and such tax w^hen collected may be devoted to a special sewerage 
bond sinking fiuid. 

925— 239b. 

Curative provision. Section 925 — 239 ?>. In any case in 
which any city having power under its charter as it existed prior 



liENEKAL CHAHTER LAW OF WISCONSIN. 13S 

to April 12, 1889, to construct sewers and provide for the pay- 
ment therefor shall have attempted to amend its charter by 
adopting: the provisions of sections 925 — 208 to 925 — 239a, inclu- 
sive, for the construction of sewers, and the proceedings for the 
adoption of said sections shall be or be claimed to be invalid by 
reason of or on account of irregularities or defects in the pro- 
ceedings for such adoption, and such sewer or sewers shall never- 
theless have been actually constructed under such proceedings, 
the common council of any city may charge the cost of the 
construction thereof to the various lots, pieces or parcels of land 
abutting upcn the street or streets in winch said sewer shall have 
been constructed, to the same extent as though such sections 
925 — 208 to 925 — 239a had beeniegally adopted. 

925 — 239c. 

Assessments. Section 925 — 239c. In case the common 
council of any such city shall desire to charge the cost of any 
such sewer to the abutting property as provided in section 925 — 
329b it may, by an ordinance or resolut-on, to be passed at any 
regular meeting of said council, declare that the cost of any 
such sewer which has so been constructed shall be chargeable to 
the several lots, pieces or parcels of land abutting upon the street 
or streets in wMch said sewer or sewers shall have been con- 
structed, and it shall then be the duty of the board of public 
works or the council of such city, if it has no such board, to 
make an assessment against all lots, parts of lots and parcels 
of land front.ng or abutting on the street or streets in which any 
such sewer shall have been so constructed in the manner provided 
by sections 925 — 208 to 925 — 239a, inclusive, which assessment, 
w±en so made, shall be a valid lien on each lot, piece or parcel 
of land abutting on the street or streets in which any such sewer 
shall have been constructed in the same manner and with like 
effect as though such sewer had been constructed under the pro- 
visioxLS of said sections, and shall be carried into the general tax 
roll assessed against each such lot, piece or parcel of land, and 
collected in the same manner as general taxes are collected in 
such city. The cost of such sewer which may be charged against 
the abutting lands as aforesaid shall not include the cost of 
construction across street intersections nor of catch-basins made 
in connection with such sewer. 

925 — 239d. (Ch. 251, 1907.) 

Separate sewer district. Section 925 — 239d. Any city 
which is or may hereafter be divided into separate sew^er dis- 



136 GENERAL CHARTER LAW OF WISCONSIN. 

tricts may issue bonds for the construction of sewers in any 
sewer district and for the payment of the principal and inter- 
est of such bonds, may levy an annual tax again.^t tlie property 
of such sewer district only, if the common council shall so deter- 
mine. 

Bond issue, (a) Such bonds may be issued by the common 
council the same in all re-pects a.s if said bonds were made a 
general city liahility, except that no election of the voters of the 
entire city shall in any care l^e held to authorize the issue of 
said bonds, but if within thirty days after the passage, by the 
eiommon council of the city of the ordinance authorizing the 
issue of bonds for such purpose and levying a tax against the 
property of such sewer district only, there shall be filed in the 
office of the city clerk a petition in writ'ng signed by not lees 
than ten per cent, in number of the voters in said district who 
voted therein at the last general state election, asking for the 
submission of the question of issuing such bonds to a vote of 
the people, then such quc^stion shall be submitted as provided in 
section 943, excepting that such election shall be held in the one 
sewer district only. 

Valuation, (b) The ordinance providing for the issue of 
such bonds shall recite the assessed valuation of the scAver dis- 
trict in addition to reciting the valuation of the entire city. 



Chapter XXI. — Harbors and Bridges. 

925 — 240. 

Duty of Board of public works. Section 925 — 240. In 
every e'ty governed by this chapter, where there shall bo any oc- 
casion for harbors or bridges or either, the board of public 
works, under the direction of the council, shall have charge of 
the construction, repair and maintenance thereof. 

925—241. 
Location and construction of. Section 925 — 241. The 

council may determine, by ordinanee or resolution, the location 
of all harbors or bridges and the manner of their construction, 
and by ordinance may adopt, fix and change, from time to time, 
dock lines along the water fronts within the boundaries of such 
city, conforming as near as practicable to the original meander 
lines and survey" thereof, and require the riparian owners to 



GENERAL CHARTER LAW OF WISCONSIN. 137 

build and maintain docks fcr the protection of the banks of such 
stream; and upon the failure of such owners to perform such 
work as directed the beard of public works may cause such 
work to be done and the expense therefor charged to the abutting 
lot or lots. The mode of proceeding shall be similar to proceed- 
ings in the case of building sidewalks. 

925 — 242. 

Repair of. Section 925 — 242. Whenever the council shall 
l)y resolution declare it to be neces-iary to construct or repair 
any harbor, dock, wharf, breakwater, channel or bridge it shall 
be the duty of the beard of public works to prepare an estimate 
of the cost of such work and file :t with the city clerk, who shall 
submit the same to the council ; thereupon the council may by 
resolution direct the work to be done. It shall then be the duty 
of the board of public works to advertise for bids for doing the 
work and furnishing the material, the same as in the case of 
work to be done and m^ate rials furnished in the construction of 
streets, and they may receive b'ds and award contracts to the 
lowest bidder or bidders in the same manner as in the construc- 
tion of streets. The work contracted to be done, when finished, 
diall be accepted by said board before final payment shall be 
made to the contractor or contractors. The contra^-t may pro- 
vide for the payment of not more than eighty per cent, of the 
cost of the work upon estimates of the city engiueer or city sur- 
veyor as the work proceeds, and at least twenty per cent, of the 
cost shall be retained until the work shall have been so accepted. 

925 — 243. 

Separate accounts. Section 925 — 243. In all cities where 
harbors or bridges or either shall be or shall iiave been con 
structed, or where any contract for the construction, repair or 
maintenance thereof shall have been made, it shall be the duty 
of the treasurer to open and keep a separate account of the re- 
ceipts and disbursements on account of bridges, and another, if 
need be, on account of harbors, docks, wharves and the like, to 
be called, respectively, ''bridge account" and "harbor account;" 
and where such bridges or harbors or either are required it shall 
be the duty of the council to make annual estimates of the money 
necessary to be raised for such work and the maintenance and 
repair of the same, and to provide by taxation or loan the neces- 
sary funds therefor as in the case of other public works. The 
bridge and the harbor account shall each be one of the accounts 
of the general fund, but moneys raised on account of either shall 



138 GENERAL CHARTER LAW OF WISCONsm. 

not be applied nor be deemed applicable to the payment of any 
other expense or expenses, nor shall the same or any portion 
thereof be credited to any other accc-nnt unless a resolution for 
that purpose shall be passed by the council by a majority of two- 
thirds of all the members thereof, and approved by the comp- 
troller and commissioners of the public debt, if any, or a major- 
ity of said commissioners. 

925 — 244. 

Assessment of benefits. Section 925 — 244. No special 
assessments for benefits shall be made on account of any bridge, 
harbor, dock or wharf or any such improvement, except as herein 
otherwise provided, unless the owners of property benefited 
thereby shall consent in advance to the levying of such assess- 
ments as provided in the next section. 

925 — 245. 

When allowed. Section. 925 — 245. Whenever the owners 
of land benefitted by any proposed bridge, harbor, dock or 
wharf shall by petition to the council pray for the construction 
thereof and shall in and by the terms of such petition, consent 
that their land, describing it, shall be assessed for benefits by 
reason of such improvement (the percentage on the assessed 
valuation of such land to be assessed being designated in said 
petition), and such improvement shall be made and accepted 
within the time designated in such petition, it shall be the duty 
of the comptroller to prepare a statement of assessments made 
pursuant to the consent contained in such petition and reporr 
the same to the city clerk, and the clerk shall thereupon levy 
said assessments as special taxes upon the lands designated in 
said statement, in a separate column in the city tax roll for the 
current year, and such taxes shall be collected and paid into the 
city treasury and credited to the account lof the proper fund the 
same as other taxes. - 

925 — 246. 

Repairs of docks, etc. Section 925 — 246. In cases where 
it may be urgently necessary, for the preservation of property, to 
makeany repairs upon any bridge, dock or wharf, not to exceed 
two hundred dollars in expense, it shall be the duty 'of the board 
of public works, with the consent of the mayor and comptroller, 
to miake such repairs without the intervention of a contract, and 
report the same as soon as may be to the council, whereupon 
that body shall make provision by taxation, loan or appropria- 



GENEKAL CHARTER LAW OF WISCONSIN. 139 

tion of funds available for tha.t purpose to meet the expense of 
such repairs. 

925 — 247. 

Contracts for dredging. Section 925 — 247. Whenever it 
shall be necessa,ry for the construction or maintenance of a har- 
bor that any lake, bay, slough, pond, river or creek shall be 
dredged or otherwise deepened the board of public works, by 
direction of the council, may let contracts for such dredging to 
the lowest bidder as in the case of other publ:c works, or the city 
may purchase and maintain for its use the necessary dredges 
and other apparatus for such work and provide funds for the 
purchase, use and maintenance of such apparatus by appropria- 
tions made from the general fund, t3' be charged to the harb'o? 
account, the money for that purpose to be raised by taxation or 
loan as other moneys in the general fund are raised; and the 
board of public works, under the directii:/n of the council, shall 
have the control and management of such apparatus and em- 
ploy such men and purchase such supplies as may be necessary 
in the management thereof, and the cost of such la.bor and sup- 
plies shall be paid for upon certificates of said board, counter- 
figned by the comptroller, out of the general fund and charged 
to the harbo'r account. 

925 — 248. 

Erection of breakwater; assessments. Section 925— 
248. In case it shall be necessary to protect any land from be- 
ing washed away by any lake, river or /cther water the council 
may by ordinance provide for the protection of such land by a 
wall O'r dock breakwater, to be constructed as it may prescribe, 
and may direct the board of public works to make an assessment 
of the benefits accruing to the land so protected and other lands 
benefitted by snch Avail. The boundaries of assessment districts 
shall be fixed and determined by the council. The cost of sucli 
protection shall be raised as follows : One-half thereof, or such 
lesser proportion as the council shall direct and order, shall be 
paid out of the general fund or out of a special fund to be 
raised for the purpose, and the balance shall be levied and raised 
by the assessment ,of special benefits upon the real estate within 
the boundaries of the proper assessment district. The entire 
cost of protecting public groundsi and the ends of streets shall 
be borne by the city. Such assessments shall be made, corrected, 
reported to the council and confirmed thereby the same as assess- 
ments for other public works, and certificates or improvement 



140 GENEBAL CHARTER LAW OF WISCONSIN. 

bonds may be issued thereon in the same manner and with like 
effect as in the case of other public works. An appeal to the 
circuit court may be taken from any such assessment, upon like 
notice and security, with'n the same time and with like effect as 
in the case of other public works, and like proceedings shall be 
had thereon. 

925 — 248a. 

Harbors; change of boundaries; assessments. Section 
925 — 248a. Auy city may, at its option, in lieu of proceedings 
under sections 925 — 240 to 925 — 243 inclusive, have the power 
to construct, repair, impnove and maintain any harbor within or 
of the city, so as to make it navigable and available for the lar- 
gest class of vessels, by dredging channels and slips, building 
docks, dykes, wharves, piers and breakwaters or by such ofher 
plan of improvement as the council may prescribe and adopt; 
and when any such improvement shall have been ordered the 
board of public works shall make an assessment of the benefits 
accruing to the lands benefited thereby. In order to facilitate 
the improvement .of any harbor or any portion thereof the coun- 
cil may, by ordinance, establish harbor districts, to be numbered 
from one upwards, along the bays, rivers, creeks, sloughs, slips 
and pockets lying wholly or in part within the city, each of 
which districts shall contain such area and embrace such lands 
and territory to be improved and benefited as the council may 
by such ordinance prescribe and determine; and after the forma- 
tion of any district the cost of any improvement made v/ithin it 
shall be assessed to the property therein according to the bene- 
fits accruing to such property by reason of such improvement. 
The council may at any time, by a vote of three-fourths of all 
its members elect, vacate, alter or change the boundaries of any 
harbor district or consolidate or re-arrange the harbor districts ; 
provided, that before any district shall be established, altered 
or vacated the notice reciuired to be given in the establishment 
of sewerage districts under section 925 — 210 shall first "be given, 
and sections 925 — 209 to 925 — 212 inclusive are hereby made 
applicable to the establishment, alteration and vacation of har- 
bor districts. In case it shall be necessary to dredge any chan- 
nel or make any other improvement outside of any doclv lines 
or harbor districts the cost thereof shall be assessed as benefits 
against the platted property or subdivisions of land nearest to 
or benefited by such improvement. Assessments for harbor im- 
provements shall be made, corrected and reported to the council 
as assessments for street improvements, and certificates or im- 



GENERAL CHARTER LAW OF WISCONSIN. 141 

provement bonds may "be issued thereon and collected in tlie 
manner and ^^^ih like effect as in the case of street improve- 
ments, and all provisions contained in this chapter relating to 
special assessments and proceedings and special improvement 
bonds in the ease of street improvements are hereby made ap- 
plicable. The council may provide that a sum not exceeding 
ten per cent, of the amount of any assessment for the benefits 
shall be added as an additional assessment of benefits to cover the 
co:4 of engineering, superintending and all other necessary 
charges upon the city by reason of such improvements ; provided, 
that the whole ^um assessed shall not exceed the benefits. They 
may also provide that any portion of the entire amount of any 
sum assessed as benefits shall l)e collected and in the treasury 
before any work shall be done or improvement made under this 
subchapter. Like remedies, appeals and limitations as in the 
case of street imprcvements may be taken and are applicable. 

925 — 248b. 

Condemnation. Section 925 — 248&. Any city may exer-' 
cise the right and power to condemn any lands, whether sub- 
merged or not, that may be necessarv^ for the improvement of 
any harbor, and to that end may exercise all the powers granted 
by sections 925 — 154 to 925 — 171 inclusive and in the manner 
therein i:>rovided. 

Chapter XXII. — Miscellaneous. 

925 — 249. 

Ineligibility to office. Section 925 — 249. No member ol: 
the council shall, during the term for which he is elected, be 
ekgible to any other municipal office except the office of mayor, 
existing at the time of his election or created by the council 
£ubsec[uent thereto. 

925—250. 

Charters" repealed. Section 925 — 250. The adoption of 
this chapter by any city now >rrganized shall repeal the existing 
charter provisions of such city, except as to the special pro- 
visions relating to time, manner, sale and place of sale of in- 
toxicating licjuors or the amount of license fee which may be ex- 
acted therefor, and except such acts or parts of acts as may be 
specially retained by the provisions of this chapter. 



142 GENERAL CHARTER LAW OF WISCONSIN. 

925—251. 

What laws not affected. Section 925 — 251. The adop- 
tion of this chapter by any city shall not be deemed to repeal or 
modify chapter 378 of the laws of 1885, entitled "An act in rela- 
tion to the police force and fire department of the city of 
Milwankee, " nor any acts amendatory thereof, nor any act oi- 
part of an act limiting the amount of the public debt of any 
city or its proporticn to the taxaible property thereof or the 
amount or rate of taxation in any city of the first class; but 
said acts and said provisions shall remain in force in the cities 
to which they relate ^and to which they are applicable the same 
as if this chapter had not been passed or had not been adopted 
by such city or cities. 

925 — 252. 

Inhabitants not disqualified. Section 925 — 252. No per- 
son shall be incompetent to act as judge, justice of the peace, 
\\itness or juror, by reason of his being an inhabitant of any city, 
in any action or proceeding in which the city shall be a party 
in interest. 

925 — 253. 

General laws in force. Section 925 — 253. The general 
laws for the government of cities, villages and towns, the assess- 
iiient and collection of taxes, the preservation of public and pri- 
vate property, highways, roads and bridges, the punishment of 
offenders, the collection of penalties and the manner of con- 
ducting elections shall be in force in all cities .organized under 
the provisions of this chapter except as otherwise herein pro- 
vided. 

925 — 254. 
Application, of criminal laws. Section 925 — 254. The 

general laws for the punishment of bribery, misdemeanors and 
corruption in office shall be in force and shall apply to all offi- 
cers elected or appcinted under the provisions of this chapter. 

925 — 255. 

Officers not to be concerned in contracts. Section 925 — 
255. No city officer shall be interested, directly or indirectly, in 
any improvement or contract to which the city is a party, and 
whenever it shall appear that such is the case such contract 
shall be absolutely void and the city shall incur no liability 



GENERAL CHARTER LAW OF WISCONSIN. 143 

whatever thereon. Nq city officer shall be accepted as surety 
on any bond, contract or other obligation made to the city. 

925 — 256. 

Private property — Garnishee. Section 925 — 256. No real 
or personal property of any inhabitant of a city or of any cor- 
poration therein shall be levied on or sold by virtue of an at- 
tachment o^r execution issued to satisfy any contract, debt or 
obligation of said city, or for aiiy judgment against it, nor shall 
any person or corporation be held liable as garnishee of said city- 

925 — 257. 

Forms. Section 925 — 257. The use -of any forms prescribed 
by the statutes of this state, as far as the same are applicable, 
shall be as legal and of the same force and effect as the use ol 
the forms prescribed by this chapter. 

925 — 258. 

Reconsideration of claims. Section 925 — 258. In case 
any person shall present, his claim or demand against any city or- 
ganized under the provisions of this chapter and the council 
shall disallow such claim in whole or in part it shall not again 
consider or allow such claim. 

925 — 259. (Ch. 272, 1901.) 

City marshal. Section 925 — 259. The city marshal shall 
be knowTi as such or as captain or chief of police, in the discre- 
tion of the council, and shall have command of the police force 
of the city under the direction of the mayor. He shall give a 
bond similar in form to that reciuired by law of constables. He 
shall possess the powers, enjoy the privileges and be subject to 
the liabilities conferred and imposed by law upon constables, 
and be taken as included in all writs and papers addressed to 
consitables. It shall be his duty to obey all lawful written or- 
ders of the mayor or common council ; to arrest with or without 
process, and with rea.'jonable diligence to take before the police 
justice every person found in the city in a state of intoxication 
or engaged in any disturbance of the peace or violating any law 
of the state or ordinance of such city. He may command all 
persons present in such case to assist him therein, and if any 
person, being so commanded, shall refuse or neglect to render 
such assistance he shall forfeit not exceeding ten dollars. He 
shall be entitled to the same fees allowed to constables for simi- 
lar services; for other sendees rendered the city such compen- 
siation as the common council shall fix. 



144 GENERAL CHARTER LAW OF WISCONSIN. 

925 — 260. 

Attorney's opinions. Section 925 — 260. The opinions of 
the city attorney Kshall be filed with the city cleric and recorded 
in a book to be l^'pt for that purpose. 

925 — 261. 

Ordinance books; proof of ordinance. Section 925 — 261. 
The city clerk shall keep a book to be known as an '^ordina-nce 
book," in which he shall enter at length, immediately after its 
passage, in a plain and distinct hand-writing, every ordinance 
adopted by the council and append thereto a note giving the 
date of its passage, page of the journal containing the record 
of the final vote upon its passage, the name of the newspaper 
in which said ordinance was published and the date and proof 
(f its publication. Any ordinance may be proved by the certi- 
ficate of the clerk, under seal of the city, and when printed or 
published in pamphlet form and purporting to be published by 
the authority of the city shall be read and received in all 
courts and places as evidences of its adoption. 

925 — 263. 

Existing ordinances in force. Section 925 — 263. When- 
ever a city or village shall be incorporated under the provisions 
of this chapter the ordinances in force therein at the time of 
such incorporation shall continue to l)e in force and be the ordi- 
nances of such new corporation so far as the same are not in- 
consistent with the previsions of this chapter, until amended, 
altered or repealed, 

925 — 264. 

Duties of officers. Section 925—264. In case of the fail- 
ure to prescribe the duties of any officer elected or appointed 
under the provisions of this chapter, the provisions of these stat- 
utes, so far as the same are applicable, shall be deemed and 
taken to be the guide in determining the duties of such officer. 

925 — 265. 

Rewards. Section 925—625. When any heinous offense 
or crime has been committed against life or property within any 
such city the mayor, with the consent of a^ majority of the al- 
dermen, may offer a reward for the apprehension of the crim- 
inal or perpetrator of such offense. 

925 — 266. 

No exemption from assessments. Section 925 — 266. No 
ilot or parcel of land in any city shall be exempted from the 



GENERAL CHARTER LAW OF WISCONSIN. 145 

payment of its pn-rtion of any tax for the improvement of 
streets or the building or repa'rin^ of sidewalks upon whieh 
such, lots or parcels of land may border, excepting only property 
belonging to the United States or this state. 

925 — 268. 

Canvass of votes. Section 925 — 268. The council of each 
city shall meet, on or before the second Tuesday of April in 
each year, and proceed to canvass and declare the result of the 
annual municipal election. 

925 — 269. (Ch. 102, 1903.) 

Jurisdiction of justices, constables, etc., in city in two. 
or more counties. Section 925 — 269. In all cities organized 
under this chapter or which shall adopt any part thereof, 
whose territory shall lie in more thau one county, the follomng 
provisions shall apply when adopted by the council of any such 
city in the manner prescribed in and by section 926 : 

1. All justices of the peace and police .iustices shall, before 
entering upon the duties of their offices, take and subscribe as 
many oaths of office and execute as many official bonds as there 
are parts of counties within said city, which bonds shall have 
two or more sufficient sureties, to be approved by the mayor, 
and shall be in the form provided by the statutes ; the approvaT 
of the sureties shall be endorsed upon such bonds, and the said 
justices of the peace and police justices shall cause one of such 
bonds, together mth their oath of nffiice, to be filed in the office 
of the clerk of the c'rcuit coiirt of each of said counties, and a 
copy of said bond, duly certified by either of said clerks, shall 
be prima facie evidence of the contents and execution thereof. 
Each of said justices of the peace and police justices shall have 
jurisdiction both civ^'l and criminal co-extensive T\dth the limits 
of each of the counties in which said city or any part of it is 
situated, and may issue process and do all things in either of 
said counties that any just'ce of the peace of such county may 
lawfully do. Each of said justices of the peace and police 
justices shall keep and hold his office within the corporate lim- 
its of said citv, irrespective of the ward in which he shall re- 
side; prov'ded, that in case of appeal or certiorari in civil cases 
the papers shall be transmitted to the circuit court of either 
of said counties in which said iustice has jurisdiction, the cir- 
cuit court first obtaining jurisdiction of such appeal to retain 
such jurisdiction to the exclusion of the other circuit court, 
unless there be a county court having civil jurisdiction, and 
10 



146 GENERAL CHARTER LAW OF WISCONSIN. 

then to the ooimty court of the county in which such action 
was tried; and provided further, that in case of an appeal in 
criminal cases or in examinations in which the justice has not 
final jurisdiction the papers shall be transmitted to the circuit 
court of the county in which the offense is charged to have 
been committed; and all commitments in criminal cases shall 
be made to the eommon jail of such county, except commit- 
ments for violations of a city ordinance ; and provided fuxther, 
in all cases, if a cause shall be removed from the justice before 
whom the same was commenced, the papers shall be transmit- 
ted to the nearest justice in said city, if he be competent to try 
the cause, but if there shall be no such justice, or if he be absent 
or sick, the papers shall, in civil cases, be transmitted to the 
nearest justice of the peace of the county in which the defend- 
ants or either of them was served with process, and in crim- 
inal cases they shall be transmitted to the nearest justice of the 
peace of the county in which the offense was charged to have 
been committed, and such nearest justice may hear, try and de- 
termine the same; the said justices of the peace and police jus- 
tices shall perform the same duties, receive the same fees, and 
be liable to the same penalties as ether justices of the peace. 
When execution shall be issued by either of said justices of the 
peace or police justices in actions of tort, and the defendant 
shall be imprisoned thereon, he shall be committed to and im- 
prisoned in the jail of the county in which the cause was tried. 
2. In all cases of the adjournment of any criminal case or 
examination or of a case brought for the violation or non-ob- 
servance of any ordinance, in default of giving the recogniz- 
ance provided by law the accused may be put in charge of an 
officer or committed to the police station or lock-up of said 
city or to the jail of the county in which the offense is charged 
to have been committed. All commitments or executions upon 
judgments for violations of ordinances shall be directed to the 
keeper of the jail of the county in wh:ch the ward is situated 
where the action shall have been tried in which such execution 
or commitment is issued, and such keeper is hereby required to 
receive and keep in custody all such persons so committed un- 
til they be discharged by due course of law or by payment of 
the penalty and costs, including all subsequent costs and ex- 
penses made thereon. And for all such purposes said city shall 
have the use of the jailsi of the counties in which it or any part 
of it is situated for the imprisonment of all persons liable to be 
imprisoned ; and all persons committed to either of said jails 
shall be under the charge of the sheriff of the county to which 
they may be sent. 



GENERAL CHARTER LAW OF AVISCONSTN. 147 

3. Ill all actions triable by jury, brought before either of said 
justices of the peace or police justices, when a jury shall have 
been duly demanded the proper officer shall make a list of 
eighteen persons who shall be qualified to serve as jurors in 
courts of record in either of said count' es in which said city or 
any part of it is situated, and the jury shall be struck and 
summoned as provided by law ; and talesmen, if any be needed, 
may be summoned from either of said counties. 

4. The chief of police, policemen, city marshal and his depu- 
ties shall possess all the powers and enjoy all the rights of a 
constable in either of the counties in which said city or any 
part of it is situated, and shall be subject to the same liabilities; 
he may serve and return summonses, attachments, executions, 
warrants, commitments and all other writs issued by any jus- 
tice of the peace in either of said counties, and his return 
thereon shall be evidence of the service thereof. And any 
process issued by any justice of the peace of either of said 
counties, directed to the sheriff or any constable thereof, may 
be served by said chief of police, policemen, city marshal or his 
deputies; and any such process properly served and returned 
by him shall be valid. 

925 — 270. (Ch. 673, 1907.) 
Cities, 2nd, 3rd, 4th class: sewer or drainage districts. 

Secetion 925 — 270. The common council of any city of the 
second, third or fourth cla.ss, whether existing under the general 
charter law or special charter, may, by ordinance divide such 
city into surface or storm water sewer or drainage districts. 

925 — 271. (Ch. 673, 1907.) 
Drains: construction; plans; damages, benefits, expense. 

Section 925 — 271. Whenever the common council of any such 
city shall deem it exped"ent or necessary for the public health 
or for other reasons to cause to be construjcted surface or storm 
water sewers or drains in any portion of such city and at the 
expense ci the property benefited they shall make an order 
that the board of public works or if there be no such board, the 
officer or officers designated to discharge its duties, to prepare 
and report plans and specifications for the improvement proposed 
to be made and the entire costs of the contemplated improvement ; 
to view the premises affected by the proposed improvement and 
determine the damages and benefits which will accrue to each 
parcel of real estate thereby and the amount that should be as- 
sessed to each parcel of real estate as benefits or damages ac- 
cruing thereto by such contemplated work or improvement. 



148 GENERAL CHARTER LAW OF WISCONSIN. 

92 5 — 272. (Cli. 673, 1907.) 

Report. Section 925 — 272. Report. — Said board shafl 
make and file in their office or if there be no such board, the officer 
or officers designated to discharge its duties, shall file in the 
office of the city clerk a report showing their or his determina- 
tion on the question required to be considered by them or him 
under the provisions of the preceding section. 

92 5 — 273. (Ch. 673, 1907.) 

Assessment of damages: report; notices; hearing. Sec- 
tion 925—273. Notice of assesisment of damages; final report. 
Notice shall be given by the board of public works or the officer 
or officers designated to discharge the duties of such board by 
publication in the official newspaper of the city at least once in 
each week for two successive weeks. That such report is open 
for reviev/ at his or their office and will be so continued for the 
space of tA\enty days after the date of such notice; and that 
on a day named therein, which shall not be more than three days 
after the expirat:'on of said twenty days, said board, officer or 
officers designated as aforesaid \^dll be-in session to hear all ob- 
jections that may be made to such report. No irregularities in 
the form of such report nor of said notice shall affect its validity 
if it fairly contains the information required to be conveyed 
thereby. At the time specified for hearing objections to said re- 
port said board, officer or officers designated as aforesaid shall 
hear all parties interested who may appear for that purpose, 
reduce to writing all objections that may be made and all evi- 
dence that may be offered to sustain the same, and may review, 
modify and correct said report, as they deem just ; and thereupon 
a complete and final report shall be made and filed by said board, 
officer or officers designated as aforesaid with the city clerk to- 
gether with all objections and evidence taken before them to 
sustain the same and proof of publication of said notice; but 
no irregularity in the form of said report or manner of con- 
ducting the proceedings by said board, officer or officers desig- 
nated as aforesaid shall affect the legality of said report. At 
such hearing any member of the board, officer or officers desig- 
nated as aforesaid may administer such oaths as may be neces- 
sary in conducting it. 

925 — 274. (Ch. 673, 1907.) 

Hearing before council; notice. Section 925 — 274. Ac- 
tion on report. The city clerk shall publish a notice in the 
official paper at least twicCj that said report is oil file in his 



GENERAL CHARTER LAW OF WISCONSIN. 149 

office and that the common council Vvdll, at a meeting to be held 
at the time stated in the notice, consider the said report and 
hear all objections which may be made thereto and determine 
what portion of the costs of the improvement, if any shall be 
paid by the city at large. At least two weeks shall inten'ene 
between the first publication of such notice and the said hear- 
ing'. The council, at such meeting or at an adjourned meeting 
or at the next subsequent regular meeting or any adjournment 
thereof, may confirm, correct or modify such report or refer it 
back to the said board, officer or officers designated as aforesaid 
for further consideration. 

925 — 275. (Ch. 673, 1907.) 

Oouncirs determination. Section 925 — 275. Assessment 
benefits. Subject to the limitations hereinbefnre mentioned the 
council may determine the amount to be paid by the real estate 
as benefits on account of the proposed improvement and the 
amount that shall be paid by the e!ty at large if any. 

925 — 276. (Ch. 673, 1907.) 

Final determination: notice. Section 925 — 276. Notice 
of final determination. . AA^hen a final determination shall have 
been reached by the council the city clerk shall publish notice 
in the official paper of the city once in each week for two su.i- 
eessive weeks that a final determination has been made of the 
benefits and damages, if any, to be assessed to the several p'eces 
of real estate affected by the proposed improvement and that 
the same is on file in his office arid open to inspection. 

925 — 277. (Ch. 673, 1907.) 

Appeal; contracts not affected. Section 925 — 277. Rem- 
edy of land owner. If the owner of any parcel of land affected 
by said improvement feels himself aggrieved by reason of the 
determination made by the council, he may, within twenty days 
after the date of such determination, appeal therefrom to the 
e'rcuit court and such appeal shall be taken, tried and deter- 
mined and bonds for costs shall be given and costs awarded in 
like manner as in case of appeals from the disallowance of claims 
under chapter 40a of the statutes ; provided that in case any 
contract shall have been made for making the improvements said 
appeal shall not affect .^aid contract but a. certificate against the 
lot in question for the amount of benefits assessed to such lot 
shall be issued notwithstanding such appeal and in case the ap- 
liellant shall succeed the difference bctv\'(MMi the amount charged 



150 GENERAL CHARTER LAW OF WISCONSIN. 

in the certificate so ij-siied and the amount adjudg^ed to be paid 
as benefits accruing- to the parcel cf real estate described in such 
certificate .fhall be paid by the city at large or out of the proper 
ward or storm water sewer district fund as the council may de- 
termine. 

92 5 — 278. (Ch. 673, 1907.) . 

No further appeal. Section 925 — 278. Remedy exclusive. 
The api)eal given hy the last secti(^n from the report of the board 
of pubic ^v()rks, officer (,r cifficeis designated as aforesaid as con- 
1-irmed by the council shall be the only remedy of the owner of 
any parcel of land or (;f any person interested therein affected 
by t-aid in ])r. veiuent for the redress gf any grievances he may 
have hy leasoii (f the making of such improvements or the 
change of any established grade covered by said report. 

925 — 279. (Ch. G73, 1907.) 

Advertising for bids. Section 925 — 279. When any of 
the works before mentioned diall be ordered to be done and 
the plans for the same containing description of the work, the 
mat(^rials t ,■ be used and such other matter as will give an intel- 
ligent idea rl the work lecjuiied, shall have been filed with the 
city clerk where the Fame can be inspected by persons desiring 
to bid on such work the board of public works, officer or offi- 
cers designated as aforesaid shall advertise in the official paper 
of the city for bids f ; r doing such work for such length of time 
as it may think the interests of the city demands, not less than 
once a. week for four successive weeks. 

925 — ^280. ^ (Ch. 673, 1907.) 

Contracts: form. Section 925 — 280. Form of contract. 
The board, officer or officers designated as aforesaid shall pre- 
pa.re or cause to be prepared a printed form for the contract 
with sureties required and furnish the same to all persons de- 
siring to bid and shall not consider any bid unless accompanied 
l>y a ciontract w'th sureties as prescribed by the form so fur- 
nished completed with the exception of the signatures on the 
part of the city. The notice published shall inform bidders 
fully of this requirement. 

92 5—281. (Ch. 673, 1907.) 

Curative provisions. Section 925 — 281. Curative provi- 
sion in general ; .special cities. In every c'.ty whether operating 
under a general or special charter no special assessment or cer- 



GENERAL CHARTER LAW OF WISCONSIN. 151 

tificate thereof or tax sale certificate based thereon shall be held 
to be invalid for the reason that any contract which has been 
heretofore or may hereafter be let contains, on the part of the 
contractor, a gnaranty of any provisions to keep the Avork done 
nncler such contract in good order or repair for a limited num- 
ber of years whenr such guaranty or provision was inserted 
therein for the purpose of insuring the proper performance of 
such work in the first instance. All such provisions in contracts 
for doing public work inserted for the purpose aforesaid are 
hereby legalized and all such provisions shall be deemed prima 
facie to have been inserted for that purpose unless the time dur- 
ing which the contractor is required to keep the work in good 
order or repair shall exceed five years. 

925 — 282. (Ch. 673, 1907.) 

Bids; rejection. Section 925 — 282. Rejection of bids. 
The board of public works, officer or officers designated as afore- 
said shall have power to reject any and all bids if, in their 
opinion, any co-mbination has been entered into to prevent free 
competition or if, in their judgment, the bid is excessive, subject 
to the approval of the common council. 

925 — 283. (Ch. 673, 1907.) 

Contractor's pay: certificates, etc. Section 925 — 283. 
Whenever any work has been done under contract as herein pro- 
vided the same shall have been approved by the board of public 
works, officer or officers designated as aforesaid, the contractor 
shall be entitled to a certificate therefor as to each parcel of 
land against which benefits shall have been assessed for the 
amount chargeable thereto. Said certificate shall be in such 
form as the board, officer or officers designated as aforesaid 
may prescribe. The amount chargeable to the city shall be 
paid as the contract for the work maj^ privvide. 

925 — 284. (Ch. 673, 1907.) 

Certificates: negotiability; assessment. Section 925 — • 
281. After the expiration of nine months from the date of 
said certificate the same shall be conclusive evidence of the 
legality of all proceedings up to and inclusive of the issue 
thereof and it may be transferred by indorsement provided, 
however, that this shall not affect any appeal from the report 
of the board of public works, officer or officers designated as 
aforesaid as confirmed by the commc/n council. If said certifi- 
cates are not paid before the making out of the next tax roll 



152 GENEUAL CHARTER LAW OF WISCONSIN. 

the same may be filed with the city clerk and when so filed the 
clerk's statement of special assessments to be placed in the next 
tax roll shall include an amount sufficient to pay said certificates 
with interest thereon at the legal rate 'from the date of such 
certificate to the time when the city treasurer is recjuired to 
make return of delinciuent taxes and thereafter the same pro- 
ceedings shall be had as in case of other taxes except that all 
moneys collected by the city treasurer and all moneys collected 
by the county treasurer on account of such taxes and all the tax 
certificates issued to the county on the sale of the property for 
such tax, if the same is returned delinquent, shall be delivered 
to the owner of the same on demand. 

925 — 285. (Ch. 673, 1907.) 

Payment for work. Section 925 — 285. Payment for work. 
When a contract is let for doing any work sjjecified herein and 
such work is chargeable to the real estate to be benefited it may 
provide that the amount so chargeable may be paid with certifi- 
cates against the parcels cf real estate so benefited or in special 
imprcvement bonds or the proceeds of the sale of such bonds or 
that payment may be in part made in certificates, part in cash' 
and part in special improvement bonds or the proceeds thereof. 

925 — 286. (Ch. 673, 1907.) 

Notice of contract and bonds; form. Section 925 — 286. 
Notice concerning bond. As socn as the amount chargeable to 
the said real estate is finally determined the council may cause 
a notice to be published in the official paper substantially as 
follows : 

CITY IMPROVEMENT NOTICE. 

Notice is hereby given that a contract has been (or is about 
to be) let for the laying of surface or storm water sewers or 

drains in the storm water district or 

storm water sewer d'stricts and that the expense of said improve- 
ment chargeable to the real estate in said district (s) to be 
benefited has been determined as to each parcel of said real 
estate and a statement of the same is on file with the city clerk 
where a map of said district is also on file. It is "proposed to 
issue bend ; chargeable only to the real estate in said district (s) 
benefited by said improvement to pay the special a=-:sessments 
except in cases where the owner of the property ^liall file with 
the city c^erk within thirty days after the date hereof a writ- 
ten notice iii:"i he or they elect to pay the special assessments or 



General charter law of Wisconsin, iss 

a part thereof on their property describing the same on iDresen- 
tation of the certificates. 

925 — 287. (Ch. 673, 1907.) 

Bonds: issue, form, contents. Section 925 — 287. Issue 
and execution of bonds. After the expiration of said thirty 
days the council may issue special improvement bonds covering 
all of the assessments except such as the owners have filed no- 
tice of election to pay as provided in the preceding section. Said 
bonds shall be signed by the mayor and clerk, be sealed with 
the corporate seal of the city and contain such recitals as may 
be necessary to show that they are chargeable only to particular 
property siDCcifying the name and the number and amount of 
said bonds and such other provisions as the council shall think 
proper to insert. Such bonds shall in no event be a general city 
liability. 

92 5 — 288. (Ch. 673, 1907.) 

Bonds: interest, redemption, proceeds. Section 925 — 
288. Said bonds may be annual or semi-annual interest cou- 
pons or registered bonds without interest coupons as the common 
council may direct. The total issue in each case shall be pay- 
able in annual installments for a period not exceeding ten years 
from the date of issue and shall draw interest at a rate not ex- 
ceeding six per cent, per annum, interest payable annually or 
semi-annually as the common council shall determine and shall 
be sold at not less than par. The proceeds of the sale of such 
bonds shall be credited ^y the city treasurer to a special fund 
for said improvement and may be paid to the contractor for 
such worlv ^vhen payment is due him and the council shall so 
direct or the contractor may take such bonds as payment for 
work done ^Wth the permission of the council. 

925 — 288. (Ch. 673, 1907.) 

Methods of meeting expense. Section 925 — 289. The 
city may levy for a term of not exceeding five years, a special 
tax not exceeding one-fourth of one per cent, of the last ecpial- 
izecl assessm^ent of said city, per annum, upon all the prox->erty 
taxable in such city for the payment of the city's porticu of 
fjaid improvement as determined by the common council and 
inay issue general city improvement bonds for the payment^ of 
the city's share of said improvement as herein provided and 
payable out of the proceeds of said special tax; or may order 
the same paid out of the general fund of the city or out of the 
ward fund of such ward or wards as the council may determine. 



154 GENERAL CHARTER LAW OF WISCONSIN. 

925 — 290. (Ch. 673, 1907.) 

Assessments-, bonds: recording. Section 925 — 290. The 
city clerk sihall carefully prepare a statement of the special as- 
sessments oil which the bonds are issued and record the same 
together with a copy of said bonds in his office. 

92 5 — 291. (Ch. 673, 1907.) 

Bonds; payment; fund. Section 925 — 291. Payment of 
Ixmds. The city treasurer shall, out of the special fund hereby 
created for that purpose, i)ay tlu^ interest on and the principal 
of said l)onds as the same Ixn'omc (hie and charge the same to 
said fund. 

925 — 292. (Ch. 673, 1907.) 

Assessments: collection; redemption. Section 925 — 292. 
Collection of assessment; redemption. In each year after the 
issuing of said lionds luitil all of them are paid and the tax 
roll for the year is prepared sufficient of the special assessment 
on each parcel of hnul covered hy said bonds to pay the annual 
installment of the principal and interest on the amount of said 
special a,ssessment then unpaid shall be evidenced on the tax 
roll as a, si)ecial tax on said property and thereafter this tax 
shall l)e treated in. all respects as any (.ther city tax and when 
conected the same shall be a special fund for the payment of 
such bonds or inter(^st and shall l)i usi'd for no other purpose. 
Any bondhohliM' < i' Ijondholders may rcnleem from any tax 
sale as fully as if owners (f the land under section 1165, of 
the statutes. 

925 — 293. (Ch. 673, 1907.) 

Special tax: action to avoid or restrain; statute of lim- 
itations. Section 925 — 293. Every action or proceeding to 
avoid any of the special assessment or taxes levied pursuant 
to the same or to restrain the levy of such taxes or the sale of 
lands for the non-payment cf such taxes shall be brought within 
nine months from the end of the period of thirty days limited 
by the city improvement notice provided for by section 925 — 
286 and not thereafter. The limitation shall cure all defects 
in the proceedings and defects of power on the part of the offi- 
cer making the assessment except in cases where the lands are 
not liable to the assessment or the city has no power to make 
any such assessment or the amount of the a_ssessment has been 
paid or a redemption made. 



GENERAL CHARTER LAW OF WISCONSIN. 155 

925 — 294. (Ch. 673, 1907.) 

Bonds: foreclosure; preferred lien; redemption; joinder 
of parties; costs; lis pendens. Section 925 — 294. Pore- 
closure of bonds; procedure; lis pendens. The special improve- 
ment bond herein mentioned shall be a lien against all lots, parts 
of lots or parcels of land against which special assessments have 
been made, wh'ch lien shall take precedence of all other claims 
or liens thereon, and when issued shall transfer to the holder 
thereof all the right, title and interest ol* such city in and to the 
assessment made on account of the imx^rovement mentioned 
therein and the liens thereby created, with full power to en- 
force the collection thereof by foreclosure in the manner mort- 
gages on real estate are f o-re^losed ; but the time of redemption 
therefrom shall be fixed by the court, and a copy of the bond 
foreclosed may be filed as a part of the judgment roll in said 
action in lieu of the original thereof. If within ninety clays 
after the commencement of the annual sale of lands for taxes 
the amount to pay any installment of principal or interest shall 
not have been ■colle<?ted by the city, the owner or owners of at 
least one-third in par value of the bonds issued on any single im- 
provement may proceed in his or their own names to collect the 
same by foreclosure thereof, and shall recover, in addition to the 
amount of said bonds and interest, all costs against the property 
of the paity or parties in default, provided, however, that the 
owner of any property covered by such bonds, or the holder of 
a lien thereon or other person interested in the property may 
redeem the same at any time before judgment by paying to 
the county clerk the amount due against such property, together 
with ten per cent, additional thereon, Avhich shall be in full 
for all costs chargeable to such property in such action. Any 
number ci the holders of such bonds for any single improve- 
ment may join as plaintiffs in any such action aijid any num- 
ber of the owners of or other persons interested in the property 
covered by the assessment upon which such bonds are issued 
and on which they are a lien may be joined as defendants in 
any such action ; and in case more than one action of fore- 
elosure shall be conunenced upon the bonds issued on account of 
a single improvement such actions may be consolidated. Any 
holders of bonds for the same improvement who do not join as 
plaintiffs may l>e made defendants and their rights adjudicated 
in the action. Such bonds shall be equal liens upon the prop- 
erty for the assessments represented by them without priority 
one over another, to the extent of the several assessments against 
the lots and parcels of land against which the special assess- 



156 GENERAL CHARTER LAW OF WISCONSIN. 

ments shall have been made. Upon the commencement of any- 
such action the plaintiff shall cause a notice thereof to be filed 
in the office of the ^county clerk and county treasurer, desig- 
nating the particular property affected by such foreclosure; 
and thereafter no redemptiou of any such property from sucH 
assessments shall be had without payment of all costs theretofore 
accrued in' such action except as hereinbefore provided. 



TABLE OF REFERENCE. 157 



TABLE OF REFEEENCE 



Miscellaneous Provisions Relating to Cities Under Both General and 

Special Charters. 



Alderman, number elected in 3rd and 4tli class, Sec. 926-107 (Ch. 

92, '05) 
Annexation of territory, 928 

Assessments against corporate property, foreclosure, lien, 959-38 
Bill Posters, licensing, 959-80 (Ch. 206, '01) 
Bonds, heretofore issued, curative acts 926-106 (379, '03) ; 943g (443, 

'07); 943m (Ch. 60, '09) 
Board of Education, securing evening lectures, 926-103, (Ch. 336, '01) 
Breakwaters, Sec. 959-71 to 959-78 (Ch. 293, '05, Ch. 59, '07) 
Building lines, establishment, iSec. 959-35m (Ch. 619, '07) 
Building Material, deposit on streets, Sec. 926-102 (Ch. 273, 01) 
Cemetery Trusts, Sec. 959-82 to 959-84 (Ch. 179, '05) 
City Attorney, assistance, Sec. 926-160 (Ch. 135, '07) 
City Commission Plan, adoption, etc.. Sec. 959-17a to 959-17J (Ch. 

162, '09) 
City Lighting Commission, Sec. 926-lOlj to 926-lOln (Ch. 467, '07) 
Change of name, Sec. 959-36, 959-37 

Claims disallowed, notice, service, appeal, 926-100 (Ch. 68, '01) 
Condemnation of riparian rights. Sec. 959-39 
Condemnation of lands beyond city limits. Sec. 959-61 to 959-68 
CondenuKUion, title acquired, 959-89 (Ch. 240, '05) 
Contagious Diseases, destruction, appropriation. Sec. 940a 
Department Stores, licensing, Sec. 959-60 
Employment Agencies, free. Sec. 926-161 to 926-171 (Ch. 434, '03; Ch. 

373, '07) 
Exhibitions, licensing, Sec, 930 

Firemen's Pension Fund, Sec. 959-4€e to 959-46n, Ch. 214, '07 
Franchises, granting of 

acceptance, 940h 

application,, publication, 940b, Ch. 519, '09 

bids for extension, Sec. 940f 



158 TABLE OF REFERENCE. 

Franchises, granting of — continued 

certified check, bond, Sec. 940g 

curative act, Sec. 943t (Ch. 145, '07) 

ordinance, submission to vote, etc.. Sec. 926-139 to, 926-143 
(Ch. 387, '03) 

referendum. Sec. 940j 

specifications. Sec. 940d 

terms of, iSec. 9401 

submitted to vote, Sec. 926-139 to 926-143 (Ch. 387, '03) 
Gambling, Sec. 959-70 (Ch. 270, '05) 

Harbor Improvements, Sec. 926-108 to 926-113 (Ch. 97, '05) 
Health Reports, duties of phys., etc., Sec. 926-148 to 926-156 (Ch. 

93, '07) 
Inspection of Illuminating Oils, local. Sec. 959-95 to 959-101 (Ch. 

459, '05) 
Inspection of Steam, Gasoline and Electric Machinery, Sec. 959-92 to 

959-94 (Ch. 280, '05) 
Libraries 

annual report, Sec. 935 (Ch. 68, '09) 

annual tax in rase of gift. Sec. 931a (Ch. 310, '01) 

directors, appointment, term, etc.. Sec. 932 (Ch. 98, '01) 

directors, organization, duties, Sec. 933 (Ch. 307, '07) 

donations, Sec. 930 

establishment, maintenance, tax, Sec. 931 (Ch. 43, '05) 

free use of books, etc., Sec. 934 (Ch. 2G5, '01) 

gifts, bequests, transfer of, Sec. 936a (Ch. 98, '05) 

reports, (Ch. 98, '05) 

sites, condemnation. Sec. 931b (Ch. 404, '03) 
Lectures, Sec. 926-103 (Ch. 336, '01) 

Lighting; furnishing; without limits, Sec. 926-101 (Ch. 327, '07) 
Lighting Commission, Sec. 926-lOlj to 926-lOln (Ch. 467, '07) 
Memorial Day appropriation, Sec. 959-81 (Ch. 458, '07) 
Mobs, liability for injuries, etc.. Sec. 938 to 940 
Municipal Loans 

bonds, issuing, vote on, Sec. 943 (Ch. 208, '07; 413, '09) 

bonds for railroad aid. Sec. 942 (Ch. 309, '99)^ 

bonuses, Sec. 940k 

county bonds for telephones, Sec 942a (Ch. 309, '99) 

debts, lacking constftutional levy. Sec. 942c (Ch. 413, '09) 

form and execution, Sec. 956 

liability of territory, detachment, adjustment. Sec. 944 

sinking funds, Sec. 958, 959 
-. subscription for railroad stock, Sec. 945, 955 

temporary purposes, orders, Sec. 941 

vote on bond issue, Sec. 957 
Municipal Debts 

cancellation books, court certificates, bonds. Sec. 959-7 

division of territory, transcripts, Sec. 959-8 

exchange of bonds; extension of payment, Sec, 959-3 



TABLE OF REFERENCE. 159 

Municipal Debts — continued 

in what paid, Sec. 959-6 

moneys, how applied, Sec. 959 5 

new bonds; sale of, when payable, Sec. 959-4 

refunding of bonds, Sec. 959-2 
Municipal Ownership, Utilities, Sec. 927-11 to 927-19 (Ch. 665, '07) 
Navigation; obstruction, removal, liability, Sees. 959-90, 959-91 (Ch. 

279, '05) 
Official Bonds, payment of premiums. Sec. 929-2 
Official liability for neglect, Sec. 959-1 
Officers, terms, Sec. 926-147 (Ch. 233, '05) 

Officers, eligibility, Sec. 97Gm (Ch. 437, '09); Sec. 97Gs (Ch. 69, '09) 
Orders, demand of payment, proof, judgment, Sec. 929-1 
Palmists and Fortune Tellers, Sec 959-111 (Ch. 456, '09) 
Park and Boulevards 

acceptance, conditions, Sec. 959-lo 

claims, allowances, Sec. 959-15 

funds, disposition claims, liability. Sec. 959 16 

park commissioners, appointment, duties. Sees. 959-11, 959-12 

parks, etc., free, Sec. 959-13 

power of board, Sec. 959-14 

purchase of lands. Sec. 959-17 
Plumbers' Licen^'es 

application, Sec. 959-54 

cities 4th class, may adopt. Sec. 959~59m (Ch. 491, '09) 

examiners, sec. 959-55; duties, Sec. 959-56 

inspectors of plumbing. Sec. 959-57 

license, where required, Sec. 959-53 

rules, for materials, Sec. 959-58 

violations, penalty. Sec. 959-59 
Police and Fire Commission 

appointment, Sec. 959-40 (Ch. 181, '09) 

approval of appointment. Sec. 959-41 (Ch. 61, '07) 

chief, suspension, hearing. Sec. 959-45 (Ch. 61, '07) 

cities, 4th class, Sec. 959-41 1 to 959-41n (Ch. 187, '09) 

examinations, Sec. 959-44 (Ch. 178, '99) 

good behavior, suspension, removal, Sec. 959-45 (Ch. 61, '07) 

rules, Sec. 959-42; 959-43 

salaries, fees, reports, pensions (Ch. 178, '99) 

vacancies; promotion, Sec. 959-46 
Police Regulations; fights, etc.. Sec. 926-134 (Ch. 138, '03) 
Public Im.provements, powers, Sec. 926-157 to 926-159 (Ch. 364, '05) 
Questions submitted to vote, special election, Sec. 926-31 (Ch. 531, '07) 
Railroads, subscriptions of stock, Sec. 946 (Ch. 299, '09); Sec. 955 (Ch. 

46, '09) 
Refunding bonds, for Special Assessments 

applicable to what cities. Sec. 959-18 

bonds, a lien, foreclosure, Sec. 959-^27 

bonds, received for taxes, Sec. 959-28 



160 TABLE OF REFERENCE. 

Refunding bonds, for Special Assessments — continued 

city charters, effect on, Sec. 959-29 

exchanged, sold, placed in sinking fund, sec, 959-24 

extension of special assessments, Sec. 959-22 

form, interest, loan to pay. Sec. 959-20 

holder of lien, may pay tax, Sec. 959-25 

how issued, Sec. 959-18, 959-19 - 

limitation on lien, holder, Sec. 959-26 

new improvements. Sec. 959-21 

tax roll, tax for interest and prin., Sec. 959-23 
Reorganization as Village, Sec. 927-m (Ch. 421, '07) 
Rubbish, removal, tax. Sec. 927p (Ch. 187, '07) 

School Superintendents; duties, Sec. 92G-115, 926-116 (Ch. 86, '09) 
School Superintendents; conventions; attendance, Sec. 926-117m (Ch. 

253, '09) 
School Superintendents; not eligible to membership school board, 

Sec. 926-117 (Ch. 388, '05) 
School Boards; organization, Sec. 926-117 (Ch. 388, '05) 
School Tax, limitation, Sec. 926-104 (Ch. 387, '01) 
School Tax; special, limit, Sec. 926-145 (Ch. 67, '07) 
Sidewalks; repair, notice to abutting owners, Sec. 926-114 (Ch. 277, 

'05) 
Street Improvements 

application for extension, irregularities, roll. Sec. 959-31 

assessments, extension of, Sec. 959-30 (Ch. 363, '03) 

bonds issued, form, foreclosure, evidence. Sec. 959-33 

building lines, Sec. 959-35m (Ch. 619, '07) 

concrete pavements, material, construction. Sec. 959-30a to 959- 
30j (Ch. 539, '09) 

contractors' guaranty of repairs. Sec. 926-15 (Ch. 88, '03) 

contractor to take bonds, Sec. 959-32 

property, fronting, not exempt. Sec. 959-35 (Ch. 329, '09) 

tax roll. Sec. 959-34 
Street Railways, parallel lines, joint use, Sec. 940J-41 to 940j-44 

(Ch. 536, '07) 
Street Railways, tracks on bridges and viaducts, how laid, Sec. 959- 

30Z to 959-30n (Ch. 517, '07) 
Street Sprinkling, Sec. 959m-l to 959m-3 (Ch. 253, '07); Sec. 959p (Ch. 

387, '09) 
Taxation for Special Assessments, Sec. 926-135 to 926-138 (Ch. 71, '01) 
Trade schools, establishments. Sec. 926-22 to 926-30 (Ch. 122, '07); 

(Ch. 155 and 401, '09) 
Vacation of grounds for public purposes, Sec. 926-125k to 926-125q 

(Ch. 569, '07) 
Voting booths, cities 4th class, location. Sec. 926-132, 926-133 (Ch. 61, 

'01) 
Water Power; cities 4th class, may acquire, Sec. 926-126 (Ch. 204, '07) 

by referendum only, Sec. 926-127 (Ch. 485, '09) 



TABLE OF REFERENCE 161 

Water and Lighting plants 

cities 3rd and 4th class, may purchase or build, Sec. 926-128 to 

926-131 (Ch. 143, '01) 
contract for increase of supply. Sec. 959-50 
franchises; contracts; taxation, Sec. 959-49 
franchise, how granted. Sec. 959-52 
purchase of plant; bonds, election. Sec. 959-51 
Water and Light Franchises 

condemnation; purchase; lease. Sec. 927-1 
judgments; collection; tax. Sec. 929 
pipes, laying of, Sec. 927-3 
water rent, retention for taxes, Sec. 927-2 
water and light rent, collection, tax. Sec. 927-4 (Ch, 174, '01) 
Water Supply, to adjoining municipality; contracts. Sec. 959-47 
11 



INDEX. 



CHAPTER L 

Classes of Cities. 

Apportionment of joint debts, with towns, 925 — la, p. ?. 
Four classes, 925 — 1, p. 3. 



CHAPTER H. 
Adoption of General, Charter Law by Existing Cities. 

Action to determine validity of proceedings, 926a, p. 6. 

Application of act, 925 — 2, p. 4. 

Census, 925—4, p. 6. 

Certification of results of election, 925 — 30. 

Change from special to general charter, 925 — 3m, p. 5. 

Common council, duties, 925 — 3m, p. 5, 

Effect of adoption, 925—3, p. 4. 

Effect on existing officers, 925 — 6, p. 7. 

Election; notices; publication; ballot, 925 — 3n, p. 5. 

Ordinance; publication: final action; census, 925 — 4, p. 6. 

Patent, when to issue, 925 — 3o, p. 5. 

Patent, issuing by governor, 925 — 5, p. 7. 

Petition for change of charter, 925 — 3m, p. 5. 

Resolution submitting question to vote, -925 — 3m, p. 5. 



CHAPTER in. 

Incorporation of Cities Not Heretofore Incorporated. 

Census, 925—9, p. 8. 

Certification to secretary of state, 925 — 12, p. 9. 

Election; notice; publication, 925 — 10, p. 8. 

Election, how conducted, 925 — 11, p. 8. 

Election returns, 925 — 12, p. 9. 

Election of city officers, 925 — 16, p. 13. 

Patent, issuing, 925 — 12, p. 9. 

Patent, recording, powers; evidence, 925 — 13, p. 9. 

Petition by electors of village, 925 — 8, p. 8. 

Population required, 925 — 7. p. 7. 

Question, how submitted to vote, 925 — 9, p. 8. 

Resolution submitting quest ion to vote, contents, 925— '9, p. -8. 

Village officers to hold until city officers elected, 925 — 15, p. 12. 

Ward boundaries, how changed, 925 — 14, p. 9, 11. 

11 



162 INDEX. 

CHAPTER lY. 

Annexation and Detachment of Tekritory. 
Annexation : 

Cities that may, 925 17, p. 14. 

Debts and property, adjustment, 925—20, p. 14, 

Ordinance, 925—19, p. 14. 

Ordinance: collateral attack, limitation, 925—21. p. 15. 

Petition; signers: rejection, 925—18, p. 14. 

Vote required, 925—20, p. 14. 

Detachment: 

Debts and property, adjustment, 925— 21a, p. 15. 
Ordinance, 925 — 21a, p. 15. 
Petition, 925— 21a, p. 15. 
A^ote, 925— 21a, p. 15. 

City boundaries: surveys, etc., 925 — 21b, p. l(i. 

CHAPTER Y. 

Officers; Election; Appointment. 

Aldermen, cities 1st class, 925 — 22a p. 17. 

Aldermen, other cities, 925 — 2.3a, p. 18. 

Annual election, 92.5 — 24, p. 18. 

Certificate of election or appointment. 925 — 29a, p. 21. 

Cities, first class, 925—22, p. IG. 

Cities of other classes, 925 — 28, p. 17. 

Election, when held, 925— 22a, p. 17. 

Elections, how held, 925—29, p. 21. 

Officers; cities 1st class, 925 — 22, p. 16. 

Officers; other cities, 925—23, p. 17. 

Officers: how chosen, 915 — 25, p. 18. 

Officers; terms, 925—26, p. 19; 925— 26a, p. 20. 

Officers; eligibility, 925—27, p. 20. 

Officers; commencement of terms, 925 — 28, p. 21. 

Officers; terms, duties, 925—33, p. 23. 

Officers; oath of office, 925—34, p. 23. 

Officers; bond, 925—35, p. 23. 

Officers: removal, 925—36, p. 23. 

Salaries, 925—30, p. 21. 

Special elections, 925 — 32, p. 22. 

Yacancies, how filled, 925— 31, 925— 31b, p. 22. 



CHAPTER YI. 

Officers; Powers and Duties. 

Appointments, 925— 38b, p. 25. 

Clerk, appointment, etc., 925 — 41, p. 27. 

City attorney, 925—42, p. 28. 

Comptroller, cities 1st class, 925 — 44, p. 29. 

Comptroller, other cities, 925 — 45, p. 29. 

Mayor, cities 1st class, 925 — 37, p. 24. 

Mayor, other cities, 925 — 38, p. 24. 



INDEX. ' 163 



Newspaper publications, cities 4th class, 925 — 46, p. 31. 

Officers, duties, 925—48, p. 33. 

President of council, 925 — 38a, p. 25. 

Proceeding's: publication, 925 — 46a, p. 31. 

Proof of publications, 925 — 47, p. 33. 

School board proceedings; printing, publication, 925 — 46m, p. 33. 

Treasurer, 925 — 43. p. 28. 

Vacancies, cities 1st class, 925 — 39, p. 26. 

Vacancies, other cities, 925 — 40, p. 26, 

Vacancies, mayor and aldermen, 925 — 40m. p. 26. 



CHAPTER VII. 

Common Council; Powers. 

Corporate authority, 925 — 54, ]). 51. 

Mayor's vote, 925—49. p. 33. 

Meetings, 925—50, p. 34. 

Membership, 925—49, p. 33. 

Officers' accounts, 925 — 53, p-. 51. 

Ordinances, style, 925—49, p. 33, 925— 49a, p. 34. 

Police pensions, cities 2nd, 3rd class, 925 — 52h, 925 — 52v, p. 45-51. 

Powers, 925, p. 35. 

Rules; quorum, proceedings, etc., 925 — 51, p. 31. 



CHAPTER VIII. 

Actions, Appeals, Bonds, Suretie;^ 

Actions, how brought, 925 — 55, p. 52. 
Appeals in penal cases, 925 — 57, p. 52. 
Appeals on claims: costs, 925 — 60, p. 53. 
Claims: tort cases. 925 — 58, p. 52. 
Claims: action of council final, 92.5 — 59, p. 53. 
Judgments: costs: imprisonment, 925- -56, p. 52. 



CHAPTER IX. 

Police Court. 

Clerk; duties: salary. 925—62, p. 54. 

Complaint, warrant, execution, 925—69, p. 56. 

Costs, 92.5—71. p. 59. 

Docket, 925—68, p. 56. 

Juries: selection, 92.5 — 70, p. .58. 

Jurisdiction, 925 — 61, p. 54: 92.5 — 65, p. 55. 

Justice of the peace, jurisdiction, 92.5 — Hi), p. 55. 

Officers; fees, 92.5 — 62a, p. 54. 

Officers, in cities 1st class, 925 — 63, p. 55. 

Police justice, 925 — 61, p. 54. 

Police justice, fees, salary. 925 — 62, p. 54. 

Punishment, 925 — 67, p. 56. 

Title of court: sessions, 025 — 64, p. .55. 



164 INDEX. 

CHAPTER X. 

Fire Department. 

Apparatus; engine house; signals, etc., 925 — 75, p. GO. 

Fire account, 925—76, p. CO. 

Fire limits, 925—73, p. 59. 

Organization and support, 925 — 72, p. 69. 

Paid department, 925—74, p. 60. 

Relief fund, 925—77, p. CO. 

CHAPTER XI. 

Board of Pcbltc Works. 

Bidders; incompetent, 925 — 91, p. CC. 

City engineer, 925—80, p. 61. 

Oity engineer, records, reports, 925 — 81, p. 61, 

Compensation, 925 — 82, p. 62. 

Contracts, how executed, 925 — 93, p. (Ml 

Contracts, how let, 925—90, p. 63. 

Contracts for improvements, 1st class, 925—905, 925— 90c, p. 64. 

Contractor, duties, liabilities, 925 — 92, p. 66. 

Contractor, estimates, deposit, 925 — 94, p. 67. 

Duties, 925—86, p. 63. 

Guaranty deposits with bids, 925 — 90a, p. 64. 

Oath, bond, 925—83. p. 62. 

Officers, 925—79, p. 61. 

Organization: terms, 925 — 78, p. 61. 

Quorum; record; report, 925 — 85, p. ()2. 

Rules, 925—84, p. 62. 

School buildings, care, 925—87, p. 63. 

Streets, use of, 925—88, p. 63. 

Streets, repairs, 925 — 89. p. 63. 

CHAPTER XII. 

Waterworks and Lighting. 

Assessment against owners, 925—100, 925—101, 925—103, pp. 70, 71. 

Assessments, report of notice, 925 — 104, 925 — 105, pp. 71, 72. 

City ownership, rates, collection, indebtedness. 925 — 98, p. 68. 

Commissioners, election, 925 — 95a, p. 67. 

Contract, how let, 925— 99a, p. 69. 

Council powers, 925 — 96, p. 67. 

Land mav be acquired, 925 — ^97, p. 68. 

Operation, 925—95, p. 67. 

Pipes, laying, assessment, 925—100, p. 70. 

Rent, non-payment, penalty, lien, 925 — 99, p. 68. 

Water mains, expenses, 925 — 106, p. 72. 

Work, how paid for. 925— n9b, p. 69. 

CHAPTER XIII. 

Health Commissioners. 

Abatement of nuisances, 925 — Ilia, p. 74. 

Appointment, 925 — 107, p. 73. 

Duties, 925—108, p, 73, 925—112, p, 75, 

Duty of police and other officers, 925 — 112a, p. 75. 

Physicians to report, 925— 111b. p, 74. 

Recommendations, 924 — 110, p, 73. 

Rules, 925—109, p. 73. 

Salary, assistants, 925—111. p, 73. 



INDEX. 165 



CHAPTER XIV. 
Schools. 
-Annual meeting. 925 — 114, p. 79. 
Board membership, 925 — 113n, p. 78. . 
Board, authority of, 925—116, p. 80. 
Buildings, 925—118, p. 81. 

Buildings, 3d and 4th class, etc., 925— 118a, p. 81. 
Change of boundaries and systems, 925 — 113, p. 75. 
Change of system, 4th class, 925 — 113a, p. 77. 
Expenses, estimates of, 925 — 119, p. 84. 
Monthly and special meetings, 925 — 117, p. 81. 
Secretary, election, 925 — 115, p. 79. 

Special election, adopting, 925 — 113n, 925 — 113m, p. 78. 
Superintendent, election, 925—115, p. 79. 
Tax, property, levy, collection, 925 — 119m, p. 85. 

CHAPTER XV. 

Fixaj^ce axd Expenditukes. 

Bonds, issuing, 925—133, p. 89. 

Borrowing money. 925 — 126, p. 87. 

City orders, 925—124, p. 87. 

Claims, 1st class, 925— 121a, p. 86. 

Claims, verification, 925—134, p. 91. 

Debts, how contracted, 925 — 123, p. 86. 

Deposits, how drawn, 925 — 129, p. 88. 

Employes, payment of. 925 — 135, p. 92. 

Fiscal year, 925—120, p. 86. 

Funds, how drawn upon, 925 — 121. p. 8(). 

Funds, deposit of, 925— l--i7, p. 87. 

Funds, special, 925—122, p. 86. 

Interest, 925—128, p. 88. 

License moneys, bonds, 925 — 132, p. 88. 

Loans, temporary, 925 — 130, p. 88 

Loans, how authorized, purposes. 925 — 131, p. 88. 

Treasurer's statement, 925 — 125, p. 87. 



CHAPTER XVI. 
Assessment and Collection of Taxes. 

Assessment rolls, return examination, 925 — 138. p. 93. 

Assessment rolls, delivery of, 925 — 141, p. 93. 

Assessments, how carried out, 925^146, p. 96. 

Assessor's duties, 925 — 137. p. 92. , 

Board of review, members, salaries, 925 — 179, p. 93. 

Board of review, meetings. 925 — 140. p. 93. 

Bond of chief of police, 925 — 149. p. 97. 

City lew. limhation. 925— 142a, p. 94. 

Collection of taxes, 925—148, p. 96. 

Expenses, estimates of. 925 — 142. p. 93. 

Property taxed. !)25— 136. p. 92. 

Provisions directing only, 925 — 153, p. 98. 

Taxes, cancellation of, 925—145, p. 96. 

Taxes, apportionment of. 925 — 151, p. 97. 

Tax roll and warrant, 925—143, p. 94. 

Tax roll and warrant prima facie evidence. 925 — 144. p. 95. 

Tax roll and warrant return of. 925 — 150, p. 97. 

Treasurer's notice. 925 — 147, p. 9(). 

Treasurer's fees. 925 — 152, p. 97. 



166 INDEX. 

CHAPTER XVII. 

Eminent Domain. 

Appeals from assessments, 1)25 — 171, p. lOG. 

Assessment, method of makins'. 925 — 167, p. 105. 

City attorney, duty, 925^159, p. 100. 

Damages, assessment of. 925 — 1()(5. p. 104. 

Damages, how paid, 925 — 1()9, p. 10(5. 

For what purposes exercised, 925 — 154, p. 98. 

Lienor, rights of, 925 — 102, p. 103. 

Park commissioners: jurisdiction, 925 — 171a^ p. 107. 

Petition for opening streets, 925 — 155, p. 98. 

Petition as to alleys, 925 — 157, p. 99. 

Powers of cities, 925—170, p. 106. 

Proceedings 925—156, p. 99. 

Proceedings, without petition, 925 — 158, p. 100. 

Proceedings, costs of, 925—160. p. 102. 

Proceedings, abandonment of, 925 — 161, p. 102. 

Proceedings, new. 925 — 164, p. 104. 

Streets, va'cation of, 925—165. p. 104. 

Taxes, special, entry, 925 — 168, p. 10(5. 

Title to fee, 925—103, p. 104. 



CHAPTER XVIII. 
City Improvements. 

Actions, limitation of, 925 — 197, p. 116. 

Assessment of benefits. 925 — 182, p. 111. 

Assessments, record of, 925 — 194. p. 116. 

Assessments, collection of. redemption, 925 — 196, p. 116. 

Bids: advertisement, contract, 925 — 186. p. 112. 

Bids, rejection, 925—187, p. 113. 

Bonds: issue and execution, 925—192, p. 115. 

Bonds: notice, 925—191, p. 114. 

Bonds: terms, sale, 925 — 193, p. 115. 

Bonds; payment of, 925 — 195, p. 116. 

Bonds: foreclosure, 925 — 197a. p. 117. 

Certificate to contractor, 925 — 188, p. 113. 

Contractor's certificate, 925—189, p. 114. 

Crosswalks, expense of, 925 — 177, p. 109. 

Damages, change of grade, 925 — 178, 925—179, pp. 109, 110. 

Land owner's remedy, 925 — 184, p. 111. 

Notice of final determination, 925 — 183, p. 111. 

Parks, care of, 925—199, p. 118. 

Parks, power of council, 925 — 200, p. 118. 

Remedy, exclusive, 925—185, p. 112, 

Sidewalks, 925— 176a, p. 109. 

Streets and sidewalks, 925 — 174, p. 107. 

Streets, grade, damages, 925 — 172, p. 107. 

Streets, grade, record, 925 — 173, p. 107. 

Streets, opening, paving, grading, 925 — 175, p. 108. 

Streets, for park purposes, 925 — 175a, p. 108. 

Streets, improvement, petition, 925 — 176, p. 108. 

Streets, alterations, report, notices. 925—180. 925—181, pp. 110, 111. 

Work, payment for, 925—190, p. 114. 



INDEX. 167 

CHAPTER XIX. 

Sidewalks . 



-Construction 925—202, p. 118. 
-Contract expense, 925 — 203, p. 118. 

Default of lot owner, 925—205, p. 119. 

Grade, 925—201, p. 118. 

Laid by city, 925—205, p. 119. 

Laying, replacing; notice, 925 — 204, p. 119. 

Maintained bv citv, when, 925 — 205a, p. 121. 

Rules, 925—207, p. 121. 

Snow and ice. 925—207, p. 121. 



CHAPTER XX. 

Sewers. 



Apportionment of benefits, etc., 925—217, p. 125. 

Assessments, notice, 925 — 216, p. 124, 925 — 239c, p. 135. 

Bids, 925—214, p. 123. 

Bonds, for improvement, 925 — 234, p. 131. 

Bonds, issue, 925—235, p. 131. 

Bonds, how sold, 925—236, p. 132. 

Bonds, payment, 925—237. p. 132 

Bonds, assessment, collection, 925 — 238, p. 132. 

Construction bv citv, 925 — 214, p. 123. 

Contractor, pavment, 925—215, p. 124, 925—220, p. 126. 

Cost, how paid, 925—218, p. 125. 

Curative provisions, 925 — 239o, p. 134. 

Diagrams, filing, 925—212, p. 123. 

Diagrams and plans, 925 — 209, p. 122. 

Diagrams, effect of, 925—231, p. 130. 

Diagrams, new, effect, 925—233, p. 130. 

Districts, 925—208, p. 122. 

Districts, separate, 925 — 239d, p. 135. 

Drains, private, 925 — 224. p. 128. 

Drains, form, construction, 925—225, p. 128, 925—226, p. 129. 

Drains, contractor may enter lot, 925 — 227, p. 129. 

Drains, connection, 925—228, p. 129, 925—229, p. 129. 

Hearing report, 925 — 211, p. 123. 

Lateral sewers, 925 — 223, p. 127. 

Laying, where, 925—230, p. 130. 

Notice of plans, 925—210, p. 122. 

Plans, specifications, etc., 925 — 214, p. 123. 

Plans, change of, 925—232, p. 130. 

Power of boards of public- works, 925 — 222, p. 127. 

Report and action thereon, 925—213, p. 123. 

Streets, paving, drains, etc., 925 — 223, p. 127. 

Sureties to contracts, 925— 221, p. 127. 

System, change, 925—239, p. 132. 

Tax, collection, 925—219, p. 126. 

Taxes, special, 925— 239a, p. 133. 



CHAPTER XXI. 
Harbors and Bridges. 
Accounts, separate, 925—243, p. 137. 

Assessment of benefits, 925—244, p. 138, 925—245, p. 138. 
Board public works, duties, 925—240, p. 136. 
Breakwater erections, assessments, 925—248, p. 139. 



168 INDEX. 



Condemnation, 925— 248b, p. 141. 

Construction, 925—241, p. 136. 

Contracts for dredging, 925 — 247, p. 139. 

Harbors, change of boundaries, assessments, 925 — 248a, p. 140. 

Location, 925—241, p. 136. 

Repairs, 925—242, p. 137, 925—246, p. 138. 



CHAPTER XXH. 

Miscellaneous. 

Appeals, 925—277, 925—278, pp. 149, 150. 

Assessments, exemption, 925—266. p. 144". 

Assessments, special; bonds, recording, 925 — 290, p. 154. 

Assessments, collection, redemption, 925—292, p. 154, 

Assessment of damages, 925 — 273, p. 148. 

Attorney's opinions, 925 — 260, p. 141. 

Bids, advertising for, 925—279, p. 150. 

Bids, rejection, 925—282, p. 151. 

Bonds, issue, 925—287, p. 153. 

Bonds, interest, redemption, 925 — 288, p. 153. 

Bonds, notice of, 925—286. p. 152. 

Bonds, special assessments, 925 — -290, p. 154. 

Bonds, payment, 925 — 291, p. 154. 

Bonds, foreclosure, 925 — 294, p. 155. 

Canvass of votes, 925 — 268, p. 145. 

Certificates, negotiability, assessment, 925 — 284, p. 151. 

Charters repealed, 925—250, p. 141. 

City marshal, 925—259, p. 143. 

Claims, reconsideration of. 925 — 258, p. 143. 

Council's determination, 925 — 275, 925—276, p. 149. 

Contracts, form, 925—280, p. 150. 

Contractor's pay, 925 — 283, p. 151. 

Curative provisions, 925 — 281, p. 150. 

Drainage districts, 925—270, p. 147. 

Drains, construction, plans, damages, etc., 925 — 271, p. 147. 

Expense, method of meeting, 925 — 289, p. 153. 

Forms, 925—257, p. 143. 

Hearing before council, 925 — 274, p. 148. 

Inhabitants not disqualified, 925 — 252, p. 142. 

Ineligibility to office, 925—249, p. 141. 

Instice; constable: jurisdiction, 925 — 269, p. 145. 

Laws in force, 925—253, p. 142. 

Laws not affected, 925—251, p. 142. 

Laws, application of criminal laws, 925 — 254, p. 142. 

Notice of contract and bond, 925 — 286, p. 152. 

Officers not to be interested in contracts. 925 — 255, p. 142. 

Officers, duties, 925—264, p. 144. 

Ordinances, in force, 925—263, p. 144. 

Ordinance books: proof, 925 — 261, p. 144, 

Private property, garnishee, 925 — 256, p. 143. 

Rewards, 925—265, p. 144. 

Reports, 925—272. 925—273, p. 148. 

Sewer districts, 925—270, p. 147. 



GENERAL CHARTER LAW 



OF WISCONSIN 



Organization and Government of Cities 
Under General Law 



Chapter 40a of the Statutes as amended by the lav/s of 
1899, 1901, 1903, 1905, 1907 and 1909. 



COMPILED TTNDSll DIEECTION OF 

j/ A. FREAK 

Secretary of State 




MADISON, WIS. 

Democbat Pbinting Co., State Peinteb 

1910 




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